^ J ^ /f^s Cl)e Lfbtatp of ihf ^nitietsitp of Jl3ottf) Carolina Collection of jlJottl) CacoUniana trom tl)E Eibrarp ot CB TBTk UNIVERSITY OF NO- AT CHAPEL HILL 00032703343 This book must not be taken from the Library building. Tim=^isat !H h GOVERNOR WILLIAM TRYON, AND HIS ADMINISTRATION IN THE PROVINCE OF NORTH CAROLINA, 1765-1771. SERVICES IN A CIVIL CAPACITY AND MILITARY CAREER AS COMMANDER-IN-CHIEF OF COLONIAL FORCES WHICH SUPPRESSED THE INSURRECTION OF THE REGULATORS. BY MARSHALL DeLANCEY HAYWOOD. " I can see no generosity, far less justice, in the conduct of those who are obstinately deaf to all evidence in favor of one whom they have been pre- viously taught to condemn, and who seem to think that the strength of their own cause depends on the amount of obloquy which they can contrive to heap upon its opponents." Aytoun. Raleigh : E. M. UzzELL, Printer, 1903. ^^rsss^^v^^ COPYKIGHT, 1902, BY !Maksiiaxl DeLancey Haywood. TO THE MEMORY REVOLUTIONARY PATRIOTS OF NORTH CAROLINA WUO LEARNED A VALUABLE LESSON IN THE AUT OF WAR WHILE FIGHTING UNDER TBYON AT ALA- MANCE IN 1771, AND AFTERWARDS MADE USE OF THEIR KNOWLEDGE IN A WAY NOT TO HIS LEKINO, THIS VOLUME IS DEDICATED. To the present let us bid adieu And with the past commune; As Holy Writ enjoins, we'll view The rock whence we are hewn. Tales of a brave and warlike race My pages will unfold — Of peace and strife, of death and life. Of word and action bold. I'll seek to tell of men long gone. Of long forgotten ways; And how our fathers wrought and fought In old colonial days. PREFACE. Ever since I have learned to rely more upon documentary evidence than upon the individual opinions of writers, I have been convinced that history has dealt too harshly with the memory of Governoe Teyon. The story of his life in North Carolina, and my own opinion of him, will be found in this book. I know that my views are vei-y much at variance with those generally accepted ; but I hold as true a declaration by the old Puritan divine, Richard Baxter, who says: "As long as men have liberty to examine and contradict one another, one may partly conjecture, by comparing their words, on which side the trath is like to be." Thus holding, I now submit my views to the public — or to that small portion of the public which shall do me the honor to read what I have written. Maeshaxl DeLancet Haywood. 127 East Edenton Street. Ealeigh, North Carolina. CONTENTS. CHAPTER I. Close of the administration of Governor Dobbs in North Caro- lina— Tryon appointed Lieutenant-Governor — His family and ancestry — He arrives in the Colony — -Improves postal sys- tem— Death of Governor Dobbs — Lord Adam Gordon in North Carolina — Tiyon qualifies as Governor pro tempore 9-16 CHAPTER II. Governor Tryon recommends New Bern for the capital of the Colony — Is taken ill — Appointed permanent Governor — Friendly to Dissenters — Reverend George Wliitefield — Re- ligious and educational advancement — North Carolina moun- tains and the mountaineers — The Stamp Act passed 17-31 CHAPTER III. Attempts to enforce the Stamp Act — Resistance by the Colo- nists— Armed demonstration against the sloop of war Dili- gence— -Crew of the sloop Viper captured and imprisoned — • Meeting of the Governor's Council — -Public Printer suspended from office — Repeal of the Stamp Act — Personnel of the Gov- ernor's Council 32-52 CHAPTER IV. Land-grant riots in Mecklenburg County — Henry Eustace Mc- Culloh and George Augustus Selwyn — Their property confis- cated during the Revolution — James Iredell befriends McCul- loh — Cherokee boundary — Personnel of party running same — ; Tryon accompanies party — Honored with Indian names — South Carolina boundary — George Mercer, of Virginia, com- missioned Lieutenant-Governor of North Carolina 53-61 CONTENTS. CHAPTER V. Tryon's house at Brunswick — Governor's Palace built at New Bern — -Description of same-^Had no equal in America — Wash- ington entertained there after the Revolution — Building de- stroyed by fire — Whilom counties of Tryon, Dobbs, Bute, and Glasgow — Town of Tryon and Tryon Mountain — Some coun- ties and towns named for Whigs in England and America — Wake County named for Mrs. Tryon, nee Wake — Esther Wake a myth 62-76 CHAPTER VI. First insurrection of the Regulators — Tryon's campaign against them in 1768 — Official abuses — Scarcity of currency — Colonel Edmund Fanning — First attack on Hillsborough by Regula- tors— Hermon Husband and William Butler arrested — High titles in small army under Tryon — Colonel Alexander Os- borne— Judges Moore and Henderson 77-103 CHAPTER VII. Further violence of the Regulators — Outrages continue at Hills- borough— House-burning in Granville County — Husband ex- pelled from Assembly and imprisoned — Legislative measures against the insurgents — Tryon's second military campaign — Patriotic North Carolinians in his army — Partial list of officers — General Waddell's force intercepted — Insurgents routed at Battle of Alamance — Some of the killed and wounded — Flight of Husband before the battle begins 104-139 CHAPTER VIII. Tryon completes work of subjugation — Six insurgents hanged and six pardoned — Captain Merrill executed — Tryon made Governor of New York, but temporarily remains in North C^1rolina — "Atticus" letter — Character of Robert Thompson — Death of General Waddell — The Gillespies patriots in the Revolution — Nearly all other Regulators Tories — Tryon's old soldiers conquer Tory Regulators in the Revolution — All re- ligious denominations disclaim Regulators — James Hasell, 8 CONTENTS. PAGE. Acting Governor — Governor Josiali Martin arrives — Martin snubbed by Assembly, which compliments Tryon — Concluding remarks about Tryon's administration in North Carolina — Entrance upon his duties in New York 140-194 CHAPTER IX. Observations on Tryon's career in Revolution — Major-General of Loyalists, and Lieutenant-General after return to England — Tribute to his character by Judge Jones, of New York — Death — Obituary in Gentleman's Magazine — Buried in family vault at Twickenham — His will and that of his wife — Con- clusion 195-208 LIST OF ILLUSTRATIONS. PAGE. Tryon Palace Frontispiece. SiGNATUKE AND ArMOBAL SeAL OF GOVERNOR TrYON 12 Ruins of St. Philip's Church 24 Map of the B.^ttlefield of Ai.amance 1"24 Tomb of Governor Tryon 200 GOVERNOR WILLIAM TRYON, CHAPTER I. CLOSE OF THE ADMINISTRATION OF GOVERNOR DOBBS IN NORTH CAROLINA— TRYON APPOINTED LIEUTENANT-GOV- ERNOR—HIS FAMILY AND ANCESTRY— HE APJIIVES IN THE COLONY— IMPROVES POSTAL SYSTEM— DEATH OF GOV- ERNOR DOBBS— LORD ADAM GORDON IN NORTH CAROLINA —TRYON QUALIFIES AS GOVERNOR PRO TEMPORE. From a colony owned and controlled by a company of Eng- lish noblemen — the "Lords Proprietors" — North Carolina be- came a royal province in 1729. Thereafter Governors were ajjpointed by the King. Tlie third person so commissioned was Aethue Dobbs^ a native of Ireland, whose seat was Castle Dobbs, in Carrickferg-iis, which is still o^\^led by his descend- ants. Governor Dobbs was not to fame unknown before com- ing to America. Besides being an author on scientific and other subjects, he had occupied the posts of High Sheriff of County Antrim and Surveyor-General of Ireland. He had also been a member of the Irish Parliament for Carrickfer- gus. Wlien the Chief Magistracy of North Carolina was as- sumed by him, however, in 1754, he was nearing his three- score and ten; and, as his age further advanced, it became necessary that a deputy, or Lieutenant-Goveraor, should be ap- pointed to discharge the more active duties of state. This was accordingly done in 1764. The one thus chosen as Lieu- 10 GOVERNOR TRYON tenant-Governor of the province was Williaj: Tkyon, who then held a commission in the regular army of Great Britain. The eventful career, in North Carolina, of this noted i^er- sou, who soon became fnll Governor (and was later Governor of New York), will constitute the theme of this work. Governor Trvon was bom in Surrey, at Norbury Park, a handsome seat then owned by his family but which has since passed into other hands. His entrance into the world took place in 1729 — the same year in which North Carolina, one of tlie chief scenes of his future achievements, was trans- formed from a proprietaiy into a royal provinca He be- longed to an English family of high standing, which is said to have come originally from tlie Netherlands. In records of the baronetage, knightage, and huidcd gentry of Great Britain we often meet tlie name. "The firet of this family that cajne into England was Peter Tryon, who quitted liie Netherlands on aceo\mt of the troubles raised in that co\uitay by the Didce of Alva. His ancestors had flourished tliere a long time in wealth and honour ; so tJiat he did not come over in an indigent manner to seek his fortune, but brought wilJi him, as it is rejxirted, above 60,000?."* While the Tryon family may be of Netherlandish origin, as stated by the old historian just quoted, there are records to show that the name, or one of the closest similarity, was liorne in England as early as the Norman C\)nqiiest ; fi.n-, dur- ing the reign of Henry the Third, a writ of inquisition as to the title of an estate called Tryenestone, in Kent, was issued, with the result reported that it had been "given to a certain •MoranfB History of Essex (A. D. 1768), Vol. II. p. 251. OF NOKTII CAROLINA. 11 kiiiglit named Te.yan, wlio held it so long as lie lived; and, after his decease, Hugh Tryan, his son and heir, retained it ; and, after the said Hugli, Robert Tiyan, son and heir of the said Hugh, retained it. So that the said Trian, Hugh, ami Robert held the said land without challenge from the lijrd William the King, Jhe Bastaixl, to the time of King John, who took the said land, together with other lands of the Xonnans, into his o\na hands, as his escheats^ and expelled the said Robert, the last holder, from the Kingdom of England, and held it in his own hand for two yeai-s, and afterwards gave it to Alberic de Marinis, to hold at his pleasiire, who held it to the time of our lord the King Heniy that now is." * It may be that the Robert Tryan, whom King John "expelled from the Kingdom of England," was the founder of the family that resided in the Netherlands, and which we are told "had flourished there a long time in wealth aaid honour." Branches of the Tryou family have been settled in various parts of England — in Essex, Northampton, and elsewhere. Governor Tryon was the son of Charles Tryon, of Bulwick, Northamptonshire. The latter's wife (mother of the Gov- ernor) was the Honorable Lady Mary Tryon, nee Shirley, daughter, by his second marriage, of Robert Shirley, iirst Earl Ferrers. The first wife of Lord Ferrers was a daugh- ter of Laurence Washington, of Garsden, Wiltshire, a member of the family from which sprang General George Washing- ton. Through the Hoiise of Ferrei-s Governor Tryon was line- ally descended from the Earl of Essex, Queen Elizabeth's "County Records of the surnames of Francus, Franceis, French, in England, A. D. 1100-1350, by A. D. Weld French, p. 20S. 12 GOVERNOR TRYON sometime favorite, and from tlie Royal House of Plantag- enet.* The anus and crest of the Tryon family, as given liy Burke, are as follows: Arms — Azuir^ a fcsse embattled he- tween six estoiles or. Crest — A hears head saMe, powdered ivifh estoiles or. The accompanying illustration of the ar- morial seal of Governor Tryon is copied from a fac-simile in Lossing's Field Bool- of the Bevohdion, and vas made by Lossing from an original in tlie possession of the eminent American divine and historian, Reverend Francis Lister Hawks, gi'andson of John Hawks who superintended the erec- tion of the Palace at Is"ew Bern. The inescuteheon, shown on the Governor's shield in the illustration here given, may have been adopted by him in right of his descent from tlie Devereuxs, Earls of Essex, as it exliibits a similarity to the amis borne by that family. In the year 1757, at which time he held a commission as captain in the First Regiment of Foot-Guards, Mr. Tryon was united in marriage with Margaret Wake, then of Han- over street, London, a lady possessing a dower of thirty thousand pounds. The brave and imfortunate Admiral Sir George Tryon, wlio was drowned when his flag-ship, the Victoria, collided M'ith the Camperdown, on the 22d of June, 1893, was of the same stock as Governor Trv'on. He was not, however, his lineal descendant. The commission of William Tryon as Lieutenailt-Govcrnor of North Carolina was issued from the Court of St. Jaines, by •Compare monumontal inscriptions in ninth chapter of this work with 1868 edition of Burke's Peerage (earldom of Ferrers): see also, 1900 edition of Burke's Landed Gentry, p. 1595. ^IGWATUHE AWD Ai^^Ol^I^L SE^IL ©P GO^^Ei^fSOil TI^YOWo OF NOETH CAROLINA. 13 order of King George the Third, on April 26, 1764. As Gov- ernor Dol)bs was fast snccniiibing to the iiifimiities of age, he had Av-ritten to friends at Court, reqiiesting tliat the King's leave be obtained for his temporary return to Great Britain. This was granted in the month following Tryon's appoint- ment, but it was some time before the necessai-y papers reached iSforth Carolina. Tryon arrived in the province, at Cape Fear, on Wednesday, the 10th of October, 176 1 ; and next day waited on Governor Dobbs, who had already been apprised of his coming.* It was the wish of Colonel Tr^-on to assume the reins of government immediately upon his arrival. But Governor Pobbs determined to remain until the fidhwing Spring, at which time he had requested that a sloop of war should be sent to convey him home. This delay proved a bitter disappoint- ment to Tryon, who was making plans for immediate action upon policies which he intended to pursue. Being accom- panied by his family, great inconvenience was likewise ex- perienced by him in securing suitable lodgings, as the Gov- ernor's Villa was still in possession of its official occupant. Furthermore, Tryon was under the necessity of drawing largely on his personal revenues during the time intei'vening, as the Governor's full salary could not be paid him until Dobbs had vacated the Executive chair. Remonstrating about this in a letter to the Earl of Halifax, Tryon declared Ihat merceuai-y gain had not been the motive which brought him to America ; but, at the same time, he had not come with an idea of squandering his private fortune in unreasonable ex- • Colonial Records of N. C, Vol. VI. pp. 1043. 1045. 1053. 14 GOVEEXOK TKYOX ])enditures. Concerning Governor Dobbs, hmvever, it was added that be bad been very polite in his attentions to the Trjon hoiisebold, and should receive all the respect due bis character, age, and infirmities.* Before coming to America, Tryon had consulted Lord Hyde, the Postmaster-General of England, with a view of es- tablishing more convenient mail routes in the colonies ; and the prosecution of this design was one of the first matters which engrossed his attention. Shortly after being sworn in as Lieutenant-Governor — which ceremonial occurred at Wilmington on the 27th of October, 1704 — he sought to impress his views upon Governor Dobbs, and the latter issued an addi-ess to the Assembly, in which were detailed the many advantages which would probably acciiie from the execution of Tryon's suggestions. The recommendations met with a favorable reception, and several appropriations towards car- rying them into efi'ect were made before the session adjourned. Desiring the co-operation of the home goverament, Tryon sent to Lord Hyde, in the month following, a dispatch of some length in which were given the conditions whirh re(pured the system in question. Aside from iujui-y to couuuerce, caused by the irregularity with which letters were delivered, the wTiter declared that needs of war ought to be considered. Should the southern provinces be invaded, there were no re- liable means through which aid could be smimioned from the north. By water, the attempt to give an alanu would be a precarious undertaking; while equally dangerous, and even more uncertain, would be such an cifurt by land. In the lat- ter event, Tryon went on to state, a messenger might ride •Colonial Recorda of N. C, Vol. VI, pp. 1053-1065. OF NOKTIt CAROI.IK^A. 15 two Imndrod miles or more liefore being able to provide him- self w-itli a fresh horse; and if by chance a hut should be readied, no shelter could be obtained for the animal, which must therefore be tiirned out to graze or stray, as the case might be. One line, from New York to Williamsburg, Vir- ginia, was already in operation; but, from the latter place to South Carolina, conmiunication was well-nigh impossible. It was recommended that the route should be extended via the North Carolina to\TOS of Edenton, Bath, New Bern, Wil- mington, and Brunswick, to Charleston, in South Carolina. It was also urged that packet-boats should be ordered to call with greater regularity at C-ape Fear, as a means of more fre- quent intercourse with England.* The venerable Governor Dobbs was destined never to leave North Carolina. In the Spring of 1765 preparations were made by him to embark; and the Assembly drew up an ad- dress, in which were expressed regTet at parting and best wishes for the speedy restoration of his health. After return- ing grateful acknowledgments for these kind professions, the Governor began placing his effects in readiness to ship, when the attendant physician gave warning that "he had better pre- ]>are himself for a much longer voyag'e." None too sofai came the admonition, thus bluntly worded; for two days thereafter, on Thursday,. the 2Sth of March, death brought re- lief to the aged ruler and wafted his spirit to that — • "Silent shore. Where Ijillows never break, nor tempests ro.ar." And when his remains were laid to rest there was not a clergyman within a hundred miles of Brunswick, so the "Colonial Records of N. C. Vol. VI, pp. 1057-1060, 1291, 12S9-13C0, 1304. 1319. 16 GOVERXOr. TKYON Inirial sei-vice had to be conducted by a Justice of tbe Peace. Lieutenant-Goveraor Tryon was escorting tbe distinguisbed Britisb soldier, Lord Adam Gordon (second son of tbe Duke of Gordon), tbrougb North Carolina when the news came that Governor Dobbs bad passed away. Having been au- rliorized to assume temporary control of the govenunent upon lhe absence or death of his superior, Tryon returned to Bruns- wick; and, on the 31st of March, took possession of tbe great seal of tbe province, together with the Govei'uor's commis- sion and other documents of a public nature.* At a session of tbe Provincial Council, held in Wilmington on the 3d of April, 17G5, tbe oath of office as Governor pro tempore was administered to Tryou, Avbo thereupon issued a proclamation which continued, for the time being, all official connnissions then in force. He bad written to the Earl of Halifax, when the vacancy first occurred, to secure that noble- nwn's influence in obtaining a permanent appointment as Gov- ernor, and it will be seen hereafter that this effort was suc- cessful. •Colonial Records of N. C, Vol. VI, pp. 1320-1321; Ibid., Vol. VII, pp. 2-5, 103. OF NOETII CAROLINA. 17 CHAPTEE II. GOVERNOR TRYOX RECOMJIENDS NEW BERN FOR THE CAPI- TAL OF THE COLONY— IS TAKEN ILL— APPOINTED PER- MANENT GOVERNOR— FRIENDLY TO DISSENTERS— REVER- END GEORGE WHITEFIELD— RELIGIOUS AND EDUCATIONAL ADVANCEMENT— NORTH CAROLINA MOUNTAINS AND THE MOUNTAINEERS— THE STAMP ACT PASSED. On becomiug temporary Chief Executive of the province, Governor Tryon summoned the Legislature to meet on May 2, 1765, at New Bern. As is well kno\\ai, this town was set- tled by Swiss and Gemian palatines brought to America by Baron Christopher De Graffenried. To Tryon, however, is due the credit of pointing out its advantages and establishing there the seat of government. In a letter to the Board of Trade he said that he had spent two months in a tour through tlie province, and was determined in the opinion that public business could be carried on nowhere else with so much con- venience and advantage to far the greater part of the inhab- itants.* During the Summer and Fall of 1765, Tryon suffered a pro- tracted illness which he said was the compound of every sort of fever, called by the inhabitants "the seasoning of the cli- mate." While his sickness continued he received the King's commission which permanently vested him with the governor- ship. This document was issued from Westminster on the 19th of July, 1765, and opened before the Council in Wil- mington on the 20th of December following. In line with •Colonial Records of N. C, Vol. VU. pp. 2, 5. 18 , GOVERNOE TEYON the usual custom, a proclamation was next in order announc- ing the aiopointment.* In compliance with the call therefor, the Legislature met at New Bern on May 3, 1765, the day after the date specified in the summons. The delay was caused hy the lack of a quorum, f Immediately after his commission was formally made known, Governor Tryon dissolved this Assembly and issued writs of election for another session, to he held at New Bern in April, 1766. The town of New Bern soon began to feel good effects from the new Governor's intention to make it the capital of the province. Thomas Tomlinson arrived from England in 1764 ; and, during the following yeai", was enabled to establish a school which accommodated more than thirty pupils. His academy was legally incoiijorated by Chapter XIX of the Private Laws of 1766. By Chapter XXVIII of the Private Laws of 1786, when the Church of England had been dis- established, the Glebe in New Bern was gi\-cn to this school. A few years after the New Beni Acadcnsy began operations a school in Edenton was incorporated by Chapter XXIII of the Laws of 1770. Peligion, too, in all denominations, obtained a finner foot- hold after the arrival of Governor Tryon. Theretofore no clerg;y'men but those of the Church of England had been au- thorized to perform the marriage ceremony. By Chapter IX of the Laws of 1766 Presbyterian ministers were vested with that right. It is generally believed that Tiwon ^vas instru- mental in securing the passage of the act just mentioned. •Colonial Records of N. C. Vol. Vll. pp. 123, 133-134. t Colonial Records of N. C, Vol. VIF, pp. 41, 61. OF NOETII CAROLINA. V.) The historian Williamson — himself a Presbyterian — seems inclined to this opinion.* Other denominations were not in- cluded, as none bnt Presbyterians claimed or e.xercised the power, f Like most gentlemen who held office under the Crown, Tryon was an adherent of the Church of England, and he used his best efforts to strengthen its establishment. Taxes, as in England, to maintain it, were collected from churchman and dissenter alike ; bnt beyond an approval of this injustice the Governor never went. Doctor Williamson, in his History of North Carol ina,-i;. remarks: "It was fortunate for the dis- senters that Govenior Tryon was not a bigot. He did not con- ceive that a vicious life could be expiated by persecutions in favor of an established church ; nor did he believe that any worship, in form or substance, could be acceptable to the Su- preme Being that was not offered up with an approving heart." In an address on the Church of England in the Province of North Carolina,^ which he delivered in Calvary Church, Tarborough, 1890, at the celebration of the centennial of the Diocese, the Eeverend Joseph Blount Cheshire, who has since become Bishop of North Carolina, refers to Tryon in these words: "With the administration of Governor Tiyon a new era of activity in ecclesiastical affairs begins. Gabriel John- ston and Arthur Dobbs were both zealous churchmen, but Tryon's activity in seeking to advance the cause of the Church and of religion in the province was quite beyond any- *Williamson"s History of N. C. Vol. U, pp. 118-119. tChurch History of N. C. p. 80, "ote. t Williamson's History of N. C. Vol. 11, p. 118. § Church History of N. C. p. 75. 20 GOVERNOR TRYON thing which had been seen before. Yet it was not the zeal of a mere sectarian bigotry. All our historians have ad- mitted that he met the dissenting interests of the country with a generous appreciation and tolerance wliich to a very great extent won their good-will. Upon the outbreak of the first Regulation troubles in 1768 the Presbyterian ministers imited in an address to him, in which they declared that they had the highest sense of the justice and Ijenevolence of his administration, under which they say that they enjoyed all the blessings of civil and religious liberty, or words to that effect. They also put forth a pastoral letter to their people, quite as ardent in its expressions of loyalty to King George as was Parson Micklejohn's sermon before the troops at Hillsboro' ujxin the text, 'The powers that be are ordained of God.' Governor Tryon, on his part, always speaks of the Presby- terians, and also of the Quakers, with the highest respect. As a civil administrator, bred in the school of military disci- pline, he had less respect for the ruder and more extravagant forms of religious enthusiasm, the 'Xew Lights' and the 'Separatists,' who were becoming so nmaerous in some quar- ters. But no complaint has come down to us from any reli- gious Ixidy against his ecclesiastical administration." Tiyon's friendshij) for the Lutherans is shown by tlie fact that he and "the Honorable Miss Tryon" (probably his sister) joined in a subscription to aid them in securing a minister and a school-master for their congregation in the county of Rowan.* The Moravians, too, came in for a full share of Tryon's resjicct and admiration. From a wi>rk, by the Reverend •Colonial Records of N. C. Vol. VIII. pp. 630-633. o OF NORTH CAROLINA. 21 John H. Clewell, entitled the Ilistori/ of Wachovia* we have a delightful picture, written in the conniiiniity diary of the Moravian settlement (in what is now Forsyth county, N"ortli Carolina), when that place was visited by Governor and ^Irs. Tryon in September, 17(17. The entries given by Doctor Clewell were made originally in German at the time of Tryon's sojourn, and, as the testimony of eye-witnesses, are of great value historically. On September ISth it is said of the visiting party's entry into the town : "As the company approached, our band of musicians with French horns and trumpets greeted them. Half an hour later they dined in the hall of the single brethren's house, the musicians furnishing music while they sat at table. At the conclusion of the repast the governor, accompanied by some of the gentlemen of the party, took a walk through the village, inspecting the property, the stables and the farm. As it began to rain, they returned to their rooms. In the meantime, ]\Irs. Tryon was entertained by the ladies of the congregation, she con- versing with them in a charming and lovely manner. When comfortably seated in the room, the governor had a long and familiar conversation with Gratf. He was greatly interested in our constitution and government." On the following day we have the chronicle: "After having breakfasted, the gov- ernor and his pai-ty went across the great meadow to Salem. He examined everything with interest. He was pleased with the regularity of the streets, and the care with which every- thing is laid out. When we returned to Bethabara, dinner ♦CleweU's Historj' of Wachovia, pp. 99-102. 22 GOVEBNOE TBYON was served, as yesterday, in the large hall, and later His Ex- cellency examined the potter shop). The party then went to Bethania, spending some time at the mill. In the evening we were again in Bethabara, the governor having expressed himself as greatly pleased with what he saw. As he passed and greeted the young people, and saw them in front of the houses, he said the coimtry would be blessed in these happy children." Of Mrs. Tryon we also liave an attractive view (Sunday, September 20th) from the same source: ''We had arranged for a quiet afternoon for our visitors, but Mrs. Tryon expressed a desire to play upon the organ ; and as she played, a number of the girls sang. This pleased her. She later requested Graif to perform on the organ, and he did so. By this time the governor became interested in the mu- sic, and came to the meeting hall from his room. An hour was pleasantly passed in this way." Before leaving the Moravians, Governor Tryon advised them to secure repre- sentation in the Legislature, as the importance of their com- munity fully justified such a privilege. In reply he was told that such a step might arouse the jealousy of otlier sec- tions, but his answer was that their prosperity would probably arouse envy and jealousy whether they were represented or not. On the 21st of September, Tryon returned to Salisbury from this visit, after a hearty interchange of good wishes with his hospitable entertainers. One missionary of the Church of EiiglaJid, writing from !Sorth Carolina in 1767, referred to Governor Tryon as "by in- clination, as well as by his office, the defender and friend, the patron and nursing father of the church established amongst OF NORTH CAROLINA. 23 US ; a religious frequenter of its worship and a steady adherent to its interest, prepared in times of the greatest danger and distress to suffer with and for it.""" This extravagant praise does not bear out the statement made by one historian that the only reason for Tryon's tolerance was his utter indifference to religion in general. Under date of July 31, 17(55, Governor Tryon wTote to the Society for the Propagation of the Gospel, with reference to religious and educational matters, a letter in which he said that if the Society would send for his distribution as many well-bound Bibles and Prayer Books for the ministers' desks as there were parishes, it would have a better effect than a ship-load of small books recommending the duty of a Chris- tian ; for the igiiorant would hear their duty delivered out of the fonner, when they could not instruct themselves in the lat- ter. This incapacity was dxie, he thought, to a want of schools in the province, which consideration impelled him to solicit the Society's bounty and encouragement to Mr. Tom- Hnson, the teacher then seated at jSTew Bern. The Governor said he had recently held a long conversation with Mr. Tom- linson, and was much impressed by the sense and decency of his behavior, and the general good character he maintained. In conclusion, Tryon remarked that he could not close his let- ter without acquainting the Society that the Reverend George Whitefield had preached a sennon at Wilmington in the pre- ceding March which wouhl have done him honor had he deliv- ered it at St. James's, allowing some little alteration of cir- •Colonial Records of N. C, Vol. VU, p. 520 24 GOVERNOR TRYON cumstances between a discourse adapted to tlie Royal Chapel and one prepared for the coiirt-honse at Wilmington.* In the above-mentioned letter Governor Tryon stated that considerable sums of money had been subscribed for finish- ing the churches at Wilmington and Brunswick, and he thought both would be completed in less than twelve months. He does not mention that he himself had made a personal contribution of forty guineas toward building the one at Brunswick, yet such was the case.f The walls of the historic edifice last alluded to, St. Pliilip's Church, are still standing at old Brunswick. In his work entitled Tales and Traditions of the Lower Cape Fear.\ Mr. James Sprunt, of Wilmington, says: "St. Philip's Church was built of large brick broiight from England. ' Its walls are nearly three feet thick and are solid and almost intact still, the roof and the floor only luiving dis- appeared. Its dimensions are nearly as large as those of our modem churches, being seventy-six feet six inches long, fifty- three feet three inches wide, standing walls twenty-four feet four inches high. There are eleven windows, measuring fif- teen by seven feet, and three large doors. It must have pos- sessed unu'li architectural beauty and massive grandeur witli its high-pitched roof, its lofty doors, and beautiful chaucel windows. "Upon the fall of Fort Fisher, which is a few miles to the south-east of Orton, in 1805, the Federal troops visited the ruins of St. Philip's, and with jiick-axes dug out the cor- • Colonial Recortls of N. C, Vol. VU, pp. 103-104. t Colonial Records of N. C. Vol. VH, p. 164. X Sprunt's Tale.s and Traditions of the Lower Cape Fear, pp. 73-74. OF NORTH CAROLINA. 25 ner-stone, which had remained undisturbed for one hundred and twenty-five years, and which doubtless contained papers of great interest and value to our people. It is a singular fact that during the ten-ific bombardment of Fort Anderson, which was erected on Orton, and which enclosed with earth- works the ruins of St. Philip's, while many of the tombs in the church-yard were shattered and broken to pieces by the s.torm of shot ajid shell, tlie walls escaped destruction; as if the Power Above had shielded from annihilation the building wliich had been dedicated to His seiwice. "This sanctuary has long been a neglected ruin, trees of larger growth than the suiTounding forest have grown up within its roofless walls, and where long years ago the earnest prayer and song of praise ascended up on high, a solemn still- ness reigns, unbroken save by the distant munnur of the sea, wliich ever sings a requiem to the buried past." The parish in Wilmington (organized in 17291 has been more fortunate than the one at Brunswack, and is still in active operation, though its house of worship, St. James's Church, is not the same which was used in the days of Gov- ernor Tryon. The present building was erected many years after tlie Revolution. To what we have said concerning Tryon's efforts to ad- vance the cause of education, it should be added that his exertions were not designed to benefit the eastern part of the province alone. In a message to the Colonial Legislature, on December 5, 1770, he recommended to that body that, as soon as funds could be raised, a seminary should be established in the back-country settlements.* In reply, the Assembly prom- • Colonial Records of N. C, Vol. VUI, pp. 285, 239, 312. 26 GOVEK'S'OR TIJYON ised favorable action as soon as the state of the public finance justified such an expenditure, saying that an institution of this character was very much to be desired, as morals and good government largely depended upon the early training given citizens of a country. At the same session, by Chapter III of the Laws of 1770,* Queen's College (sometimes called Queen's Museum) in Charlotte was incorporated ; and, for its support, the trustees were authorized to levy and collect a duty on all rum and other spirituous liquors brought into and disj^osed of in Mecklenburg coimty. The trustees of this college were nearly altogether men of the Presbyterian faith, though Edmund Fanning and Abner Nash, two members of the Church of England, Avere also on the board. Upon be- ing submitted for the approval of the authorities in England, according to the usual procedure, the act incorporating this institution was annulled ; and another act, Chapter IX of the Laws of 1771 (later passed as an amendment), became of no effect in consequence thereof. It was not until the Revolu- tion upset British authority that the desired legislation could be made effective. Then, by Chapter XX of the Private Laws of 1777 (April session), a charter was obtained vesting the government of the college in a board of trustees, on which were Thomas Polk, Adlai Osborne, Waightstill Aveiy, Ephraiin Brevard, several of the Alexanders, and many other prominent Presbyterians. At this time the North Caro- linians were not so anxious to honor royalty, and Queen's College became Liberty Hall. By Chapter XXIII of the Private Laws of 1778 (April session) all moneys coming *In the publication of Laws only the caption of this act is jrivcn. For full text see Colonial Records of N. C, Vol. VIH. p. 486. OF XOKTH CAKOLIXA. 27 from the sale cif town lots in Charlotte were given to the ■^ college. Though it had done much good in the cause of edu- cation (for it ran some years without a charter), this in- stitution did not long siu'vivc the Revolution. Chapter XXIX of the Private Laws of 1784 (October session)' changed its name to Salisbuiy Academy, and it was then re- moved to Rowan county. We find the Oshornes, Brevards, Polks, and others who had been interested in Liberty Hall, among the earliest trustees and patrons of the University of Xorth Carolina at Chapel Hill, which began its existence shortly after the war. In Liberty Hall, as if by way of retribution for the King's j)ast injuries to it, were held the meetings, in 1775, which brought forth the Mecklenburg Declaration of Independence. Neither the remnants of this college nor the place of its loca- tion seem to have made a very profound impression on Gen- eral Washington in 1791, when he visited that part of North Carolina. In his Dianj* on May 28th, of the year men- tioned, he says: "Charlotte is a trifling place, though the Court of Mecklenburg is held in it. There is a school (called a college) in which, at times, there has been fifty or sixty boys." As Washington, according to a well-known ac- comit handed down to us by the Reverend Mason L. Weems, "could not tell a lie," perhaps his description of the Char- lotte of that day should not l)e questioned ; j'et, could the General i-epeat his visit, he would now find a town no longer "trifling," but enlightened educationally and progressive com- mercially. And it may be here mentioned that one of the * Washington's Diary (edited by B. J. Lossing, New York, ISCO), p. 197. 28 GOVEKNOE TKYON principal streets of Chariotte is called for Governor Tryon. It has been said that the royal approval was denied the act incorporating Qneeu's College because the institution was not in iniison with the Church of England. This is probably true ; but the fact that Great Britain was then afflicted \\'ith a monarch who sometimes over\vorked himself in performing the arduous duties devolving upon him as "Defender of the Faith" was not the fault either of Tryon or the North Caro- lina Assembly. In February, 1706, Governor Tn'on became a member of the Society for the Propagation of the Gospel in Foreigii Parts, making a handsome donation in money to that organ- ization at the same time.* One of the most laughable jjictures we have of the religious transactions in the colony about the year 1766 is found in a letter from the Eeverend Charles Woodmason, of the Estab- lished Church, to the Society for the Propagation of the Gos- pel.f Among other things, this worthy divine says that wlien the Presbyterians saw they were not strong enough to cope with the Church of England along the sea-coast, they cramped its usefulness by building a chain of meeting-houses which hedged it off from the back-country. Then, says the par- son, the Almighty allowed the Presbyterians to be caught in the nets they set for others, as the Baptists came down from Pennsylvania and wormed them out of their strong-holds; wherefore the rancor between the two sects was so gTeat tliat a Presbyterian would prefer having ten children married to members of the Church of England than one to a Baptist, and •Colonial Records of N. C, Vol. VII, p. 1G2. t Colonial Records of N. C. Vol. VII, p. 287. OF NORTH CAROLINA. 29 the same was true of the antipathy horno l\y the Baptists to- wards the Presbj-terians. As a consequence of these jeal- ousies, said he, the C'hiu-ch of England was reaping great good ; but, with some misgivdiig, he adds : "The Baptists have great prevalence and footing in North Carolina, and have taken such deep root that it will require long time and pains to grub up their layers." In considering this statement, we are impressed ^\^th the belief that the reverend gentleman did not overestimate the difficulties his church had to en- counter ; for, even at the present writing', the foundations or "layers" of the Baptist denomination in North Carolina have not been entirely grubbed up, and what further amount of "time and pains" will be required to effect that end is diffi- cult to estimate. We shall now leave the churchmen and dissenters to their three-cornered fight and take a look at the mountainous sec- tion of the province. Though somewhat devoid of that re- finement which first reached the sea-coast counties, the in- habitants of the west were even then noted for their self- reliance, and for the fearless love of lil>erty which was des- tined to make King's Mountain the turning point in Ameri- ca's gTeat struggle for freedom, fifteen years thereafter. Vivid, indeed, is the portrayal both of locality and people given in 1765 by Attorney-General Eobert Jones, junior (sometimes known as Eobin Jones), wlio had recently visited that section for his health. To Edmund Fanning he wrote : "The coiuitry, I suppose, is as healthy as any under the sun ; for although the cold is very intense in Winter, occasioned by the north side of the mountains being continually covered 30 GOVEE^'OIl TRYOX Avitli snow from December till the middle of March, the weather, I am told, is not liable to those sudden changes from hot to cold that we experience here, and, in the Summer, the air is the most agreeable medium between those extremes that can be conceived, accomijanied by pleasant breezes. The in- habitants are hospitable in their way, live in plenty and dirt, are stout, of gi'eat prowess in manual athletics; and, in pri- vate conversation, bold, impertinent, and vain. In the art of war (after the Indian manner), they are well-skilled, are en- terprising and fruitful of strategies ; and, when in action, are as bold and intrepid as the ancient Romans. The Shawnese acknowledge them their superiors even in their OAvn way of fighting. The land, such as is capable of cultivation, is fei'- tile beyond conception, being much better than any I ever saw before ; but of that there is a vei^ small proportion, much the greater part being too stony and baiTen. It may be truly called the land of niOTintains, for thej' are so nmnerous that when you have reached the sununit of one of them, you may see thousands, of every shape that the imagination can sug- gest, seeming to vie with each other which should raise his lofty head to touch the clouds. The mountains and valleys abound with medicinal herbs of almost every kind, and there are some curious flowers and other curiosities well worth seeing. There ai-e warm, hot, emetic, and sweet springs, most of which I saw, but their virtues time must discover. However, it seems to me that nature has been wanton in be- stowing her blessings on that countiy, and that these waters are the choicest of them."* •Colonial Records of N. C, Vol. VII, pp. 100-101. OF NOKTH CAKOLIXA. Reluctantly departing from the beautiful scenes so graphi- cally depicted by the above writer, Ave shall now carry our nar- rative to the town of Brunswick, on the Cape Fear river, where Governor Tryon tarries before proceeding to 'New Bern, at which place he purposes to meet the uewly-elected As- sembly. The Parliament of Great Britain has passed the Stamp Act ; and news thereof is brought to ^North Carolina, where officers of the Crown hear it without misgiving. Little know they that a great storm is brewing — the pi-elude to a storm still greater, which will sweep every vestige of royal rule from the thirteen colonies. 32 GOVEKNOR TKYON CHAPTER III. atte:mpts to enforce the stamp act— resistance by the colonists— armed demonstration against the sloop of war di li a eyce— crew of the sloop viper captured and imprisoned— meeting of the gov- ernor's councii^public printer suspended from office— repeal of the stamp act— perfiojxel of the governor's council. The month of October, in 1765, was marked by the first re- sistance offered to the Stamp Act. Doctor William Hous- ton, a resident of North Carolina, was appointed to dis- tribute such stamps as should be sent into the province. The sloop of Avar Diligence, which brought the first — and last — cargo, uuili'r that hated enactment, arrived at Cape Fear on the 28th of jSTovember, 1765.* Previous to this time, on October 10th, about five hundred people had assembled in the streets of Wilmington and hanged in effigy "a certain hon- ourable gentlenmn," whose name does not appear in tlie North Carolina Ga-zetie,-]- from which we get the acco\mt The reason of this demonstration was tliat the gcntleuian in question had expressed himself in favor of the stamp duty. After the figure was cut down and consigned to tlie flames, all male inhabitants of the town were brought to the bonfire. Here they were compelled to drink the toast : "Liberty, ])roperty, no stamp duty, and confusion to Lord Bute and all liis adherents." On the 31st of the same month, says the above paper, a great number of peo]ile again assembled "and pro- • A Colonial OOiccr and His Times, by Alfred Moore Waddell, p. 84. t Reprinted in the Colonial Records of N. C, Vol. VII. p. 123. ct seq. OF NORTH CAROLINA. 33 cUiced an effigy of Liberty, Avliicli tliey put into a coffin and marched with it in solemn procession to the churchyard, a drum, in mourning, beating before them, and the town bell, muffled, ringing a doleful knell at the same time. But be- fore they committed the body to the ground they thought it advisable to feel its pulse ; and, when finding some remains of life, they returned back to the bonfire, ready prepared, placed the effigy before it in a large two-anned chair and concluded the evening with great rejoicings on finding that Liberty had still an existence in tlie colonies." On November 16th it was the fortune of Stamp-Master Houston to be an unwilling participant in some impressive ceremonies in connection A\'ith the above matters. Imme- diately upou his coming to Wilmington, three or four hiin- dred citizens, with drums beating and colors flying, gathered at the house where he lodged, and demanded whether he would attempt to execute his office. He replied that he would be sorry to perfonu any duties distasteful to the people of the province. ISTot content ■with this evasive answer, the multi- tude carried him to the court-house, where he was compelled to sign a paper in which he declared that he woiild never at- tempt to perform the duties devolving upon him as Stamp- Master, and which he closed mth the not overtruthful state- ment that tliis resignation was made of his own free-will and accord. "As soon as the Stamp Officer had complied with their desires," says the newsj^aper already quoted, "they placed him in an ann-chair, carried him first round the court- house, giving him three huzzas at every corner, and then pro- ceeded with him round one of the squares of the town and sat 34 GOVEEXOP TEYON him down at the door of his lodgings, formed themeslves in a large circle around him and gave him three cheers. They then escorted him into the house, where was prepared the best liquors to be had, and treated him very genteely. In the evening a large bonfire was made, and no person appeared on the streets without having 'Liberty' in large letters on his hat. They had a large table near the bonfire, well furnished witli several sorts of liquors, where they drank in great form all the favorite American toasts, giving three cheers at the conclusion of each. The whole was conducted with great decoinim, and not the least insult was offered to any person." Verily, these bibulous champions of liberty M-erc a decorous set ; and the above circiunstances go to show that on one occasion, at least, in the histoiy of North Carolina, matters were so arranged as to avoid the complaint (said to have been made at a conference of Governors in after years) that it was "a long time between drinks." In addition to the above account in the Gazette, its editor, Andrew Stuart, gives a tale of woe in relating his personal experiences. He was visited by a committee which de- manded whether or not he would continue his business as heretofore and piiblish a newspaper. lie replied that ho could not lawfully do so withoiit stamped paper, and he had none. Then followed threats of violence, when he said that, rather than run the hazard of his life, of being maimed, or having his printing-office destroyed, he would issue his paper as usual. In his Field Booh of the 11 evolution'''''' I^ssiug gives a de- •Lossing's Field Book of the Revolution (edition 1851-'52), Vol. IT. p. 877 (priving illus- trations). OF NOKTII CAKOLIXA. 35 scriptioii of the stamps sent to America. He says the impres- sion was made upon dark blue paper (similar in appearance to that now coimnonly known as tobacco paper), to which was fastened a narrow strip of tin-foil. The ends of the foil were passed through the parchment or paper to which the stamp was to be attached, then flattened on the opposite side ; and a piece of paper, with the rough device and number of the stamp, pasted on to secure it. The device was a double Tu- dor rose, enclosed by the Royal Garter. Above this was a crown, and below was named the money value of the stamp. Seeing the serious turn affairs had taken, Governor Tryon sent out a circular-letter to the principal gentry of the Cape Fear section, inviting them to a conference at his house near Bi-unswick on the 18th of Xovcmljcr, 1705.* AVlicn they came in response to his summons, he addressed them at some Icng-th on the events of recent occuiTence and exhorted obe- dience to the decrees of Parliament. The right of Great Bri- tain to tax the colonies, he said, would not constitute his theme of discussion, but that he hoped no one desired to destroy dependence on the mother country. He then dwelt on the advantages that would result from North Carolina's acceptance of the law, saying that her commerce would there- upon extend, while the rural colonies were obstructing their own trade by a refusal to take the stamps. As a further in- ducement, he offered to pay, at his own exj^ense, the duty on all stamped paper on which he was entitled to fees. Nor was this amount inconsiderable, for it included fees on land- patents, testimonials, injunctions in chancery, marriage li- censes, and letters of administration; on four wine licenses •Colonial Records of N. C. Vol. VH. pp. 127-131. 36 GOVEENOE TEYOIf each for the towns of Edenton, New Beni, Wibniugton, Salis- bury, and Halifax ; two each for Brunswick and Cross Creek (now Fayetteville) ; and one each for Bath and Tarborough. Though recognizing the generosity of his offer, it soon became evident that the men whom Tryon consulted were contending more for principle than for money. After due consultation they returned acknowledgments for the privilege of a con- ference with the Governor, and declared that Tryon's known sincerity left no room to doubt his professions. They also re- cognized, so the reply stated, that his family influence, for- tune, and other interests in England would always give weight to remonstrances which he might make in behalf of the province. Then referring to the Stamp Act, the convic- tion was expressed that every view of it confirmed them in the opinion that it was most dangerous to their liberties as British sidtjects. To the King they promised every act of loyalty and obedience consistent with the rights of a free people. As to the Governor's offer to pay the fees, they said that, with an approval of part, they could not deny the act's validity as a whole. Assurances were also given that every effort should be used to prevent insult and violence to officers of the Crown, except distributors of stamps, who, they said, were too much detested to be secure from the resentment of the colonists. In conclusion they expressed a desire to pi'O- mote the mutual interests of Great Britain and the colonies, and to render Tryon's adminisi ration liai>py, easy, iind Imn- orable. As noted in the beginning of this chai)ter, the sloop of war Diligence brought a cargo of stamped paper to the Cape Fear OF NORTH CAROLINA. 37 on N'ovember 28, 17G5. General Hugh Waddell's descend- ant and biogTapher, the Honorable Alfred IMoore Waddell, in his work entitled A Colonial Officer and His Times* has given a graphic acconnt of her reception, as follows : "Twelve days afterward the Diligence arrived in the Cape Fear river with the stamps, and the welcome which awaited her captain must have astonished him. His name was Phipps, and his vessel was a twenty-gim sloop of war, which was cruising off the coast of Virginia and the Carolinas. He brought the stamps from Virginia, whither they had been sent from England, and, doiibtless, anticipated no trouble what- ever in delivering them to the Collector of the Port of Bruns- wick. The idea of resistance of any kind probably never occurred to him, and the suggestion of armed defiance on the part of the people on shore would have seemed the wildest absurdity to a commander of one of His Majesty's war ships. "Comfortably pacing his deck, as the gallant sloop, with colors flying and all her canvas set, glided eourtesying across the bar like a fine lady entering a drawing-room, the captain was doubtless already enjoying in anticipation the sideboard and table refreshments that awaited him in the hospitable mansions of the Cape Fear planters, and eager to stand, gim in hand, by one of the tall pines of Brunswick and watch the coming of the antlcred monarch of the forest before the inspir- ing music of the hounds. "As the Diligence bowls along 'with a bone in her mouth' across the ruffled bosom of the beautiful bay into which the river expands opjwsite Fort Johnston, a puff of white smoke * A Colonial Officer and His Times, p. 86. et seq. 38 GOVERNOR TRYON leaps from lier port quarter, followed by a roar of salutation from one of her guns; an answering thunder of welcome comes from the fort, and the proud ship walks the waters towards the town of Brunswick, eight miles farther up the river towards Wilmington. An hour later she sights the town, and a little while afterwards, with a graceful sweep and a rushing keel, she gi-adually puts her nose in the wind as if scenting trouble ; and then, at the shrill sound of the boat- swain's whistle, the growling chains release the anchor from its long suspense, and the Diligence rests opposite to the Cus- tom House of Brunswick, with her gTinning port-holes open and all her guns exposed. Then her rigging-blocks chuckle as she lowers and clews her sails, and she rides at her moor- ings beneath the flag of the Mistress of the Seas. "The captain at once observes that the little town seems to be unusually lively and ex]^)ectant. He soon discovers the cause. A considerable body of armed men occupy the streets and line the shore. Presently he is informed that Colonel Hugh Waddcll, an experienced soldier, who had been on the lookout for the Diligence with the militia of Brunswick county, had notified Colonel Ashe of iSTew Hanover of his movements ; and these two gentlemen, with the anned militia of both counties, confronted him and infonned him that they would resist the landing of the stamps and would tire on any one attempting it. "Here was one of His Majesty's twenty-gun sloops of war oj^enly defied and threatened by British subjects armed and drawn up in battle array. Here was treason, open, flagrant and in the broad light of day — treason, armed and led by OF NORTH CAROLINA. 39 the most distingiusbcd soldier of the province and the Speaker of the Assembly. "The captain of the Diligence prudently concluded that it would be folly to attempt to land the stamps in the face of such a threat, backed by such force, and promised a compli- ance with the demands of the people. The 'Sons of Liberty,' as they were afterwards called, then seized oue of the boats of the Diligence, and, leaving a guard at Brunswick, marched with it mounted on a cart to Wilmington, where there was a triumphal procession through the streets, and at night a gen- eral illumination of the town." In addition to his o^Ta account of the above transaction, Mr. Waddell quotes another writer, the Honorable George Davis, who sa^^s: "This was more than ten years l^efore the Declaration of Independence, and more than nine before the battle of Lexington, and nearly eight years before the Boston 'Tea Party.' The destruction of the tea was done in the night by men in disguise. And history blazons it, and New England boasts of it, and the fame of it is world-wide. But this other act, more gallant and daring, done in open day by well-kno^\-ll men, with arms in their bauds, and under the King's flag — who remembers, or who tells of it ?" The full name of the commander of the Diligence was Constantine Jolin Pliipps.* He was a distinguished naval officer and Arctic explorer, the son of an Irish nobleman, Baron Mulgrave, of j!^ew Boss, C-oimty Wexford. Upon the death of his father. Captain Phipps succeeded to the title "Compare Burke's Peerage (1895 edition), pp. 1C63-1064, with sig-nature to Phipps's letter in A Colonial Officer and Hi3 Times, by Waddell. p. 113; for portrait and sketch of Captain Phipps (Lord Mulgravc) see Quebec periodical entitled North American Notes and Queries, July. 19C0. Vol. I, pp. 56, 61. 40 GOVERNOR TRYON and was himself later raised to the jjeerage of the United Kingdom as Baron Mulgrave, of Mnlgrave, County York. lu one of his exploring expeditions the future Admiral Nel- son was a coxswain. Lord Mulgrave was in active service against America during the Revolution, as was also his brother and successor, Henry, aftei"Avards created Earl of MulgTave and Marquis of Nonnanby. These titles are at present vested in the Marquis of Normanby, a descendant of the last named. One of the shrewdest acts of Tryon's administration in North Carolina was the prevention of all meetings of the Assembly during the Stamp Act disputes. More than a year and a half— from May 18, 17G5, till November 3, 17G6— elapsed between two sessions. Having the right either to prorogue or dissolve that body whenever he saw fit, this power was freely exercised. Hence, when the Stamp Act Con- gress (composed of delegates from nearly all the provinces) convened in New York on October 7, 1765, North Carolina was not a party thereto, as the Assembly, not being in ses- sion, could not provide for the colony's rei3resentation — "an explanation of the absence of such delegates," says the biogi'a- pher of General Waddell, "which does not seem to have been knovi'u to writers who have igiiorantly criticised the State for a want of spirit at that timc."f Though at times powerless to cope with the resistance offered the measures of the home government, Ti-yon was a man of strong determiuatinn and bent every energy to carry * For full record of prorogations and digsolutions, see Colonial Records of N. C, Vol. Vn, pp. 87-88. 118. 135. 188. 342. tA Colonial Officer and His Times, by Alfred Moore Waddoll. p. 82. OF NOETH CAEOLINA. 41 out the decrees of Parliament. At that time Cape Fear was said to he the ouly spot on the continent where vessels were actually seized by the British authorities for non-compliance with the laws concerning stamps, and it was soon learned that the inhabitants of Cape Fear would be about the last people on the continent to tamely submit to such a state of affairs. On the ISth of February, 1766, the colonists drew up and signed an agTeement Avhich avowed the utmost loyalty to the King, yet declared the Stamp Act an infringement on the constitutional rights transmitted to the people of America by their brave forefathers, and i>ledged the united action of the signers to prevent entirely the operation of that law.* The parties to this compact were inhabitants of the vicinity of Cape Fear. On Febmary 19th they marched to Bruns- wick, where their force — according to one estimate — was aug- mented by upwards of a thousand men. At Brunswick news was received that several hundred more would soon arrive.f In order to remove any misapprehension in the mind of Gov- ernor Try on, two of the party (George Moore and Cornelius Harnett) were deputed to wait on him and deliver a letter which said that no disrespect or insult shoiild be offered his person ; but that, being dissatisfied with the restrictions which were laid on their river commerce, the force assembled was going for a conference with the commanding officers of His Majesty's war ships with the hoj^e of obtaining a peaceable redress of their grievances.:]: This letter was signed by John Ashe, Thomas Lloyd, and Alexander Lillington. An offer •Colonial Records of N. C, Vol. VU, p. 168c. t Colonial Records of N. C, Vol. VU. p. 168d. t Colonial Records of N. C, Vol. VU, p. 178-179. 42 GOVEENOE TETON was also made by this committee of three to place a special guard for the protection of the Governor, but the proposition was contemptuously rejected, Tryon saying he had no fears for his person or property, and hoped their protection would not be given where it was neither needed nor desired. When a conference was finally, held by the colonists with the Collector of Customs and rauliing naval officer, those func- tionaries agreed that no further restrictions should be placed on the port unless u]K)n the order of the Sun-eyor-Geueral of Customs when that officer should arrive.* At one time during the troubles at Wilmington a general muster was ordered in the town, and the Governor sought to win over the militia by having an ox barbecued. He also opened several barrels of beer for their entertainment ; but the people rose in riot and "made a Douglas Larder of the feast by dumping the ox into the river and knocking out the heads of the beer barrels, f On the 21st of February a committee was sent for William Pennington, the Comptroller of Customs, William D17, the Collector of the Port, and Thomas McGuire, an offi.eer of the Admiralty Department, with all of whom a consultation was desired. The two last named made their appearance, but Pennington sought refuge with the Governor. One of the party. Colonel James Moore, thereupon went to summon him, and Tryon made answer that he had hiuiself detained Mr. Penniug-ton, who was engaged with dispatches in relation to the King's service ; but that any person desiring to consult iiiiii might attend for that purpose. Thereupon a company • Colonial Records of N. C. Vol. VII, p. lesd. t Martin's History of N. C, Vol. II. p. 2U. OF NORTH CAEOLINA. 43 of men went to the Governor's house and by threats of enter- ing and capturing- Pennington by force (also promising safety if be vohintarily complied), finally prevailed on him to come out. Then marching off, they formed a circle, in tlie center of which he and the other customs officers were placed, and eompelled them to make a solemn oath that they would not cither directly or indirectly attempt to execute the duties of their respective offices, in so far as stamped papers were con- cerned. All court officers and lawyers present were sworn to the same effect.* In giving an account of the above affair to the home gov- ernment, Tryon said that, from the best accounts he could get, the force in arms amounted to about five hundred and eighty, with an additional hundred imarmed. He added that the Mayor and coriwration officers of Wilmington, with some masters of vessels and nearly all of the planters and other inhabitants of Brunswick, New Hanover, Duplin, and Bladen counties coui posed this corps, f On visiting Fort Johnston, the Governor had the mortifica- tion to find that the commandant, Captain John Dalrymple, had pennitted all of the guns to be spiked. This was done by order of Captain Jacob Lobb of the sloop Viper, to whose commands Tryon had directed Dalrymple to hold himself sub- ject. The armament thus temix)rarily disabled consisted of twenty-three swivel-gims, eight eighteen-pounders, and eight nine-poimders. Lobb was sharply reprimanded by Tryon for his action in this matter, but justified himself by declaring he had received word that several hundred men were approach- * Colonial Records of N. C, Vol. VII, p. 168e. t Colonial Records of N. C, Vol. VII, p. 174. 4-1: CxOVERNOR TEYON ing, led by Colonel Hugh Waddoll, who purposed to take pos- session of tlie fort, which was then garrisoned by only five men and the commanding officer. There was danger, said Lobb, that the guns would be captui-cd and brouglit to bear on such of His Majesty's shijjs as were within range.* The officer who carried out the order for spiking the guns was Lieutenant Calder, then attached to the Diligence, imder Captain Phipps.f He is believed to have been that Admiral Sir Robert Calder who afterwards figured in naval warfare against the French. Captain Dalrymple, mentioned above, was an officer in the British army, stationed in North Carolina for some years. He died in the province, at Fort Johnston, on the 13th of July, 1766.:}: His will was made in 17-43, twenty-six years before his death, and is now on file in North Carolina. In it he designates himself "second lawful son to Sir John Dal- lymple of Cowsland, Baronet, of the Kingdom of Scotland." The latter was a grandson of John Dalrymple, fii'st Viscount Stair, and nephew of the second Viscount (later created Earl of Stair), both of whom were conspicuous figures in the royal councils of their day. Before the Stamp Act dispute was settled the people of Wil- mington had not been altogether inactive. Provisions on board the Vipej- began to run low, and a boat was sent to bring an additional supply. The citizens refused to furnish this, and complacently dumped the Iwat's crew into jail. In •Colonial Records of N. C. Vol. VH, p. 180, et ecq. t A Colonial OfTiccr and His Times, by A. M. Waddell. pp. 112-113; Alfred Moore Waddell in North Carolina Booklel for July, 1901, p. 21. } Colonial Recorila of N. C, Vol. VII, pp. 40, 91, 24), 24G. 445; Slate Records of N. C. Vol. XI. pp. 1D4-15S; North Carolina Historical and Genealoeical Register. Vol. I, p. 201. or NORTH CAROLIXA. 45 response to Tryon's inquiry concerning this action, Moses John DeRosset, the patriotic Mayor of Wilmington, replied that gentlemen of the Cape Fear section of the province had assembled to redress their grievances ; and, hearing that Cap- tain Lobb was seizing merchant vessels which were without stamped papers, had determined to cut off supplies from the men of war until these ojiprcssive measures ceased. Seizures by the government were made, said Mayor DeRosset, not- withstanding the fact that nuisters of vessels produced certifi- cates that no stamped papers could be obtained at the ports from which they sailed. In conclusion, he added that, since the local ofiicers had come to terms, sufficient provisions would now be forwarded, and the Governor might rest assured that all eiforts woiild be made to sustain His Majesty's seiwice.* The Governor's Council met at Brunswick on the 26th of Febmary, 1766. By advice of that body, Tryon issued a proclamation denouncing the late assemblages of the people.f He also suspended the Public Printer, Andrew Stuart, for having published a communication whicli was considered inflammatory. Thwarted at every turn. Governor Tryon at one time had contemplated calling on the Crown for a military and naval force to uphold his authority. But soon, by a communica- tion dated Mai-ch 31, 1766 (though not received until some weeks later), notification came that tlie Stamp Act had been repealed.:}; Furthermore, persons who had suffered by its operations were indemnified for their losses. Then followed •Colonial Records of N. C. Vol. VH, pp. 185-186. t Colonial Records of N. C, Vol. VH, p. 187. J Colonial Records of N. C, Vol. VII. pp. 189, 193, 202, 217. 46 GOVERNOR TRYON eoiigratiilatioiis from tlie corjioration officers of Wilmingtou, to which Tryon returned a polite but rather stilted acknowl- edgment. Another address, by way of a remonstrance, soon followed, in which it was said that moderation had ceased to be a virtue when their rights as British subjects were igniored ; but that the prudent action of Parliament, in repealing the law, had relieved them from the unpleasant dilemma.* As- surances were also given that they knew His Excellency's conduct had always been regulated by no motive other than a generous concern for the j^ublic good. With this the Gov- ernor was more appeased, and gracioiisly declared that he stood ready to forget all improprieties of -which the town and its people had been guilty. In conclusion, he thanked the gentlemen for characterizing as false an attack recently made upon him by a Barbadoes newspaper. The Council of the Province, appointed by the King when Tryon was made Governor, consisted of James Hasell, John Rutherford, Lewis Henry DeRosset, Edward Brice Dobbs, Richard Spaight, John Sampson, Henry Eustace McCulloh, Alexander McCulloh, Charles Ben-y, William Dry, Robert Palmer, and Benjamin Heron.f Of these, Dobbs was an officer in the British anuy, the son of Governor Dobbs, and had seen service in the French and Indian War. He left the province al)out the time of his father's death, and his prop- erty in North Carolina was confiscated during the Revolu- tion. Spaight died in North Carolina 1i(-fore Tryon arrived. He was a son of George Spaight, who married a niece of Gov- • Colonial Records of N. C. Vol. VH, pp. 222-223. 2-12-243. 1 Colonial Records of N. C. Vol. VU, p. 137. OF NORTH CAROLINA. 47 ernor Dobbs: hence Richard Spaight was a great-nephew of the last named, and not his nephew, as has always been stated in North Carolina histories. From him sprang Gov- ernor Richard Dobbs Spaight, senior, and Governor Richard Dobbs Spaight, junior, each of whom became Chief Magis- trate of North Carolina after independence was achieved. The elder Governor Spaight was also a member of the Conti- nental Congress, and fell in a duel with the Honorable John Stanly of New Bern on September 5, 1S02. Of the other councilors mentioned above, Hasell was also Chief Justice and became Governor ex officio, as President of the Cbimcil, in 1771. Rutherford (who married the A^dow of Govei-nor Gabriel Johnston) was broiight to North Carolina by his cousin, James Murray, in 1739. He served in the French and Indian War ; and was a loyalist diu-ing the Revolution, as were also Hasell, DeRosset, and Henry Eus- tace McCailloh, though the last named was not in America when the war was in progress. Alexander McCulloh lived in Halifax county. Of Henry Eustace McCulloh later mention will be made in this work. DeRosset belonged to an old Huguenot family, still extant in the Cajje Fear sec- tion, and his loyalty to the House of Hanover was largely- due to gratitude for the protection rendered his ancestors when they were exiled from France. He was a brother of Moses John DeRosset, to whom we have already had occasion to refer. It is from the latter that the present DeRosset family is descended. Berry, another member of the Council, died by his own hand in a fit of insanity.* He had been made Chief Justice " For correct account, see A Colonial Officer and His Times, pp. 127-129, note. 48 GOVEKXOR TEYON (vice Peter Henley, deceased) by tlic King's commission, lx!ai-ing date November 27, 1758, bnt did not arrive in the colony till the Fall of the year following. He took the oath of office as Chief Justice before Governor Dobbs on the 6th of December, 1759. His service as a member of the Council also began during the administration of Governor Dobbs. After the death of Henley, and before Berry's arrival in America, James Hasell was Chief Justice jn-o tempore. Descendants of Chief Justice Beii-y ai-e still living in North Carolina. Sampson's name is preserved by a North Carolina comity called in his honor. Heron died before the Kevolution, about 1770. When the war came on. Dry became a supjiorter of the American cause and occupied a seat at the council-board of the whig Governor. Palmer was probably born in North Carolina.* He lived at Bath and was Surveyor-General of the province. He was a loyalist in the Revolution, and his property in Noi-th Carolina was confiscated. He went to England and there was pensioned by the government. To fill vacancies in tlie above board, new eounciloi-s were sworn as follows: James Murray, July 16, 1767; Samuel Strudwick, December 14, 1767; Samuel Cornell, October 16, 1770; Martin Howard, November 19, 1770.f Murray, like some fif the other councilors luentioned above, had also occupied a similar post under Governors Johnston and Dobbs, and the failure at first to insert his name in the commission sent to Tryon was due to an oversight. He was bom in Scot- laud and came to America in 1735. From North Carolina he * See will of Robert Palmer, Sr.. in North Carolina Historical and Genealogical Regis- ter. Vol. I, pp. 65. 369. t Colonial Rocorcls of N. C. Vol. VII, pp. 160, 42.'>-428, 437, 601, 632; Ibid., Vol. VIII, pp. 119, 1C7. 24'J, 268; Ibid, Vol. IX, p. 1002; State Records of N. C. Vol. XI, page 210. OF NOKTII CAROLINA. 49 made protracted visits to Boston (later settling in New Eng- land), and finally his continued absence caused Governor Tiyon to vacate liis seat, together with that of Edward Brice Dobbs (then with his regiment in Great Britain), for the same reason. Murray was a loyalist during the Revolution, and died in exile about the close of the war, in 1781. Ilis correspondence has recently been collected in book forai, and is a most valuable addition to the literature which treats of colonial life in North Carolina, though it also relates largely to New England, where the volume was published.* Stinid- vrick, who accompanied Tiyon to North Carolina, was an Englishman, the son of Edmund Strudwick of St. Ann's Parish, Westminster, ajid came to take charge of the Stag Park and Hawfields estates which he and his father had bought from Governor Burringlon and the latter's son. Lieu- tenant G«orge Burrington, junior. Cornell resided at New Bern ; and in Januaiy, 1770, was described by Tryon as "a merchant of the first credit in the province, a native of New York, about forty years of age, and of a very genteel and public spirit." Cornell's granddaughter, Caroline LeRoy, was the second wife of Daniel Webster. The last councilor to qualify, as above, Mai-tin Howard, came to North Carolina from Rhode Island, where his advocacy of the Stamp Act had caused his property to be destroyed during an uprising of the populace. In addition to occupying a seat at the coun- cil-board, he filled the office of Chief Justice of North Caro- lina, and had no superior — if an equal — in the colonial judiciary. Most historians have dealt very unj\istly with • Letters of James Murray, Loyalist, edited by Nina Moore Tiflfany and Susan I. Lesley (Boston. 1901). 50 GOVERNOR TRYOX his memory; for, thougli a loyalist (like nearly all of the others mentioned above), he seems to have acted from con- scientious motives, and was highly respected by members of the legal profession, including those of the opposite political faith. Ujion the face of a commission constituting a board of magistrates on the 29th of April, 1768, it would appear that Sir ^Nathaniel Dukinfield, Baronet, and Marniaduke Jones, Esquire, were then members of the Council ; and, in fact, both of them were members at a later period, after Josiah Martin became Governor.* But the commission of the peace, above mentioned, evidently meant only to refer to these gentlemen as magistrates; for, on two later occasions, Tryon recom- mends that they be appointed to the Coimcil. This was ac- cordingly done on May 1, 1771, though neither of them qualified until after Governor Martin's arrival. Sir Nathaniel Dukinfield lived in North Carolina for some years, but finally went back to Great Britain. His great- uncle, William. Dukinfield, Esquire, had been a land o-s\iier in Chowan Precinct, North Carolina, prior to 1700, and died alx>ut 1720. Sir Xathaniel was the son of Nathaniel Dukin- field, Esquire, and a grandson of Sir Robert, first baronet of the name. The title finally came to the Nortli <\Trolina baronet through the death, witliout male issue, of several of liis uncles. f Before being elevated to the Coimcil, Sir Na- thaniel jnit in a claim for precedence, in wjiicli it was cni)'.ensa- tion for his services. Time; after time he would hint to him thiit ho intended makinc;- hiiu his lielr. Often he would OF NOET3I CAROLINA. 55 aiuiise liim with the hope that he would resign his office in his favor ; but always found a ready excuse to evade the per- formance of his promise. His sagacity early detected the small cloud, surcharged with the thunders of the revolution, that was destined to spread over the continent. It was not until thns warned that he rcsigiied his office. His property was confiscated by tlie State. After this loss his letters to Mr. Iredell became abject and piteous. The latter, true to the generous instincts of his nature, forgiving McCulloh's errors, made, without success, strenuous efforts to procure his pardon and the restoration of his estates. The services he rendered him were manifold and valuable. At the close of the war, and after he had abandoned all hope of recover- ing his American lands, with shattered fortimes, but still with an income of twelve hundred guineas per annum, McCulloh retired to a country-seat near London, where he died — as false to his kinsman in death as he had been in life." " George Augustus Selwyn (who probably never saw Xorth Carolina) was a famous wit aud politician in England, the son of Colonel John Selwyn of Matson, near Gloucester, and a grandson of Major-General William Selwyn, who was Gov- ernor of the Island of Jamaica about the beginning of the eighteenth century. The great English churchman, Eight Eeverend George Aug-nstus Selwyn, Primate of New Zealand and aftenvards Bishop of Lichfield, Avas of this family, though not lineally descended from any of the persons above mentioned. For some time prior to 1766 many disputes had occurred • Life and Correspondence of James Iredell, by G, J. McRee, Vol. I, p. 9. 56 .GOVERXOE TRYOX between the people of ISTortli Carolina and the Cherokee Indians over a boundary line abont which there was much uncertainty. To put an end to this ti'onble (which had been more than once the cause of bloodshed), Tryon determined to go into the Indian counti'y and settle the differences by definitely fixing the line ; and, in the Simiiner of the above year, the Council of the province passed a resolution approv- ing his purpose and authorizing him to direct tlie Surveyor- General to proceed with the running of the boundary.* It was also resolved that the Governor should have aaithority to draw on the Receiver-General for all expenses requisite in fitting up an expedition with this purj^iose in view. Tryon agreed to meet the chiefs or head-warriors of the Cherokees in Seirtendxr, 17C6 ; but, owing to a great prevalence of sick- ness among the Indians, and the near apin-oach of the hunt- ing season, the conference was postiX)ned until the following Spring. On May 1, 1767, Governor Tryon notified Messrs. John Rutherford, Robert Palmer, and Jolm Frohock, the conunis- sioners who were to nui the Ixiundary, that he had ordei'ed a rendezvous of the party at Salisbury on the IStli of that month. Rutherford and Palmer were members of the Pro- vincial Council, and the latter was also Surveyor-General. As it would have been fool-hardy to venture among the Indians, even on a friendly mission, without an anned escurt, Tryon ordered out a detachment of the jirovincial troops to " For fuller particulars relative to Indians and expedition to settle Cherokee boundary, see Colonial Records of N. C, Vol. VH. pp. 108-112, 115-117. 16-1-165. 196-197, 207-221, 232- 240, 244-215, 248-249. 254-257. 268-271, 279-283, 360-361, 404, 415, 446. 448, 455. 460-471, 500- 610, 861-856, 991-1009. OF NOETII CAEOLINA. 57 act in that capacity. Of this body Colonel Hugh Waddell was Commandant ; next \mder him were Lieutenant-Colonels John Frohock and Moses Alexander. The staif officers were : Colonel Edmimd Fanning, Adjutant; Captain Isaac Ed- wards, Aid-de-camp; Captain William Frohock, Commis- sary ; and the Eeverend John Wills, Chaplain. This party was later joined by Alexander Cameron, Deputy Superintend- ent of Indian Affairs for the southern colonies, and the march from Salisbury was begun on May 21st. On the 31st of the same month the Indians came to meet the Governor and his party and were given a ''talk" by Tryon. After re- ceiving their reply the Governor sent some of the band back to Salisbury with an order for presents, to the value of one himdred and seventy-five poimds, which bad l>een voted by the Assembly as a token of good-will. On June -Ith (King George's birthday) the real work of the expedition began, when Messrs. Rutherford, Palmer, Frohock, Cameron and the Cherokee representatives began the survey. A company of twenty picked men, commanded in person by one of the com- missioners, Lieutenant-Colonel Frohock, acted as a gaiard for the party. Among the officers in this little military detach- ment were Captain George Davidson and Lieutenant William Davidson. The latter aftei-\vards became a brigadier-gen- eral in the War of the Revolution, and was slain, while resist- ing the passage of Lord ComwaUis over the Catawba river in North Carolina, at the Battle of Cowan's Ford, February 1, 17S1. Governor Tryon did not remain with the commissioners and corps of engineers until the completion of the Cherokee 58 GOVEENOE TEYON boundarv, but returned to Brunswick shortly after coiicliuling his inter\'iew and negotiations with the Indians. When Commissioner Rutherford returned to make his re- port to the Governor he stated that the head-waters of some of the tributaries of the Mississippi river began only three or four miles distant from a peak which had been named Tryon Mountain,' where the line tenninated. Tiyon Moun- tain lies in what is now Polk coimty, North Carolina, and it is probable that Mr. Rutherford erred in his calculations about the ]\Iississippi, thoiigh some of the waters which finally flow into that great stream do have their source not many miles westward of the peak mentioned. In a letter to the Earl of Shelbum, dated July 14, 1767, Tryon states that while on his tour among the Cherokees he had been honored with the Indian name of Ohaiah Equah, or Great Wolf. This sobriquet (which the savages gave as a mark of high admiration) some historians have attempted to twist into a term of reproach. Wheeler, with that plen- titude of inaccuracy for which so much of his work is noted, says that Tryon "knew when to use such force and cruelty as achieved for him, from the Cherokee Indians, the bloody title of the 'Great Wolf of Xorth Carolina.' " As loading them dovm with presents was the only "force and cruelty" of which the Governor was guilty on the above expedition, the Chero- kees probably gave him his bloody title for some other reason. And TiTon, we may note, seems to have had a fondness for Indian nomenclature. On another occasion, when visited by a sachem of the Tuscaroras, he requested a name by which he and all future Governors should l)e known. Thereupon the chief bestowed upon him his own niinic, Diagawekee. OF NOBTK CAROLINA. 59 Prior to the running of the Cherokee houndary there had also been some disputed points on the subject of the dividing- line between North and South Carolina.* When Tryon first aiTired in America, commissioners, representing the two provinces, were at work on the survey of the same ; and, when he went to New York, the controversy was left as a legacy to his successor. Governor Josiah Martin. Wliile this boimdary disjiute with South Carolina was in progTess Tryon paid a friendly visit of eight days' dm-ation to Governor Bull at Charleston, in xipril, 1770. At Charleston he found his old friend. Sir William Draper, who returned with him to the Palace at New Bern, where he remained as a giiest for three weeks, sailing for Virginia on the 24tli of May. Prior to this, in the Summer of 1769, Tryon had also visited Lord Botetourt, the Governor of Virginia, at Williamsburg. Wlien in Williamsburg, Governor Tiyon wi-ote to the Earl of Hillsborough, saying that he first came to America because he believed his usefulness would be greater than it was in the rank he had then held in the army, but he would now be glad to return if given command of a regiment or made an aid-de- camj) to the King. He added that if a regiment should be his fortune, he would strive to make it as eSicient and well disciplined as he had made the company of Grenadiers once commanded by him in England. To this. Lord Hillsbor- ough replied in a very complimentary letter, wherein he said he had made Tryon's wishes known to His Majesty. Fiu^ ther, he observed that the Governorship of New York had recently been vacant, and Tryon was then thought of for the •Colonial Records of N. C, Vol. VU, pp. 154-157; IbiJ., Vol. VUI. pp. 210-211. 554, et seg. GO GOVERNOK TRTON position ; but, as his office in Xorth Carolina paid a better sal- ary than the one in Kew York, it was not thought proper to sacrifice his interests. Now, however, said Hillslx>rough, that he had learned Tryon desired this change regardless of the pecuniary disadvantage, it was too late to remedy the mat- ter.* So the prospect of getting to New York did not seem very bright at that time, though no doubt Tryon's wish was kept in mind, for it was destined to be finally gratified. On the 7th of September, 1769, a terrible storm devastated the coast of North Carolina, nearly entirely destroying New Bern, Brunswick, and other towns.f Hoiises, ships, growing crops, trees, stores, live stock, and some human lives, fell a sacrifice to its fwrj. Among the buildings destroyed was the court-house at Brunswick, though the half-finished Palace at New Bern sustained little injury. In one of his letters Tiyon wrote that this hurricane was attributed to the effect of a blazing planet or star Avhich had been seen both from New Bern and Bnmsmck, rising in the east for several nights between the 26th and the 31st of Augiist. Its tail was very long, he said, and stretched upwards towards the south- west. On the 14th of December, 1768, the King issued a com- mission from his Court at St. James, appointing George Mer- cer to the office of Lieutenant-Governor of North Carolina. f But it is probable that Mr. Mercer never came to the colony. • Colonial Records of N. C. Vol. VHI. pp. 54, 191. t Colonial Records of N. C, Vol. VUI, pp. 71-75, 89, 115. t Colonial Records of N. C, Vol. IX, pp. 60, 277: State Records of N. C. Vol. XI, p. 219 ; Martin's History of N. C, Vol. II, pp. 203, 250 ; Charles Campbell's History of Virg-inia, pp. 487, i>.13-544 : Bishop Meade's Old Churches and Families in Virginia, Vol, II, p. 205. OF NORTH CAROLINA. 61 Tliei'c seems to he no record of his presence ; and fnrtlicrmore, as he was vested with authority to temporarily act as Gov- ernor on the death or absence of the chief executive, he would (if in JSTorth Carolina) have talcen the reins of power in 1771, for the period between Ti-j'on's departure and the amval of Governor Josiah Martin. At tl:e time last men- tioned James Hasell, President of the Coiincil, became Gov- ernor pro tempore. Colonel Mercer was a Virginian, and had served under Washington in the French and Indian War. Later he was made distributor of stamps for Virginia; and, in the discharge of this office, seems to have met with pretty much the same treatment as that accorded William Houston in North Carolina — being first threatened by the colonists, and then handsomely banqueted after complying with their demands. But whether the Virginia entertaimuent, like that given Houston, included "the best liquors to be had" does not appear. 62 GOVERNOR TETON CHAPTER V. TRYON'S HOUSE AT BRUNSWICK— GOVERNOR'S PALACE BUILT AT NEW BERN— DESCRIPTION OF SAME— HAD NO EQUAL IN AMERICA— WASHINGTON ENTERTAINED THERE AFTER THE REVOLUTION— BUILDING DESTROYED BY FIRE— WHILOM COUNTIES OF TRYON, DOBBS, BUTE, AND GLASGOW— TOWN OF TRYON AND TRYON MOUNTAIN— SOME COUNTIES AND TOWNS NAjVIED for WHIGS IN ENGLAND AND AMERICA- WAKE COUNTY NAMED FOR MRS. TRYON, NEE WAKE- ESTHER WAKE A MYTH. Before the Assembly had the "Pidace" built as an official residence for the Governor at New Bern, Tiyon lived near Brunswick, his house there being known as Castle Tryon.* In his Tales and Traditions of the Lower Cape Fear,f ]\Ir. James Sprunt gives some interesting facts relative to the mansion at Brunswick. It was originally owned by the Moore family and later sold to Captain John Russell of His Majesty's sloop Scorpion, who named the place Russellbor- ough. From Russell's widow it passed back to the Moore family as a part of the famous Orton plantation, from which it had been originally severed. In 1758 it was sold to Gov- ernor Dobbs, who called it Castle Dobbs, after liis manor- house in Ireland. It was subsequently occupied by Governor Tiyon, who finally purchased it, in February, 1767, from Major Edward Brice Dobbs, a son of the late Governor. Mr. Siunint, who is sometliing of an anticpiary as well as a gifted writer, has succeeded in locating the ruins of this • Colonial Hccords of N. C, Vol. VII, i). IGl. t Tales and Traditions of the Lower Cape Fear. pp. 67-71. OF NORTH CAROLINA. 63 house. He did so by consulting land titles, and also had the assistance of an aged negro who had been reared in the vicin- ity. This old negro said he never heard of Governor Dobbs or Governor Trj'on ; but, when a boy, had heard of a man named Governor Palace who lived in a great house between Orton and Bnmswick. Acting on this clue, Mr. Spnmt and the friends who accompanied him followed their venerable guide to the former abode of Governors Dobbs and Tiyon, situated in a dense undergrowth beyond an opening still known as the Old Palace Field. The site of the "Palace" counnands a fine view of the river. Approaching it are the marks of a well-worn carriage road, and there are also traces of a path leading down to the river landing kno^^^l as Gov- ernor's Cove. Only the foundations of the house are now visible. "Wlien K'ew Bern was made the capital of the colony there was no suitable place for the transaction of public business, and the erection of a goveniment building became necessaiy. By Chapter II of the Laws of 1766 it was provided that such a structure should be built. This act passed its tliird reading in the Assembly, or lower house, on l^ovember 17, 1766, and received its final ratification in the Council, or upper house, on the 27th of the same month.* The title of the bill was "An Act for erecting a convenient building within the town of jSTew Bern for the residence of the Gov- ernor, or commander-in-chief, for the time being." Though Governor Tryon highly approved this measure, it seems to have originated upon a recommendation from the Crown, the •Colonial Records of N. C. Vol. VII. pp. 320. 376. (34 GOVEENOR TRYON reason being given that sncli an establishment had been made in ahnost all the colonies on the continent foi' their respect- ive Governors.* But Tryon never did things by halves ; and, when the work was completed, no Governor or other ruler on either of the American continents had an establishment to equal it. It was not, however, simply a residence for the Governor, but also served as a capitol or state-house — contain- ing a hall where the Assembly met, a council-chamber, and public offices. The work on this mansion was begim on the 26th of August, 1767. It was built of brick and trimmed with marble. The latter material was also freely used on the interior decorations. John Hawks, who came to America with Tryon, superintended its construction. He estimated that the cost would ag-gi-egate about 14,710 pounds. Includ- ing furniture, etc., it finally amounted to one or two thousand pounds more. Skilled artisans were brought from Philadel- phia for the work. The first legislative appropriation (Chap- ter II of the Laws of 1766) was only for five thousand pounds, but this amount was afterwards increased by Chapter V of the Laws of 1767. The sum of 10,000 pounds (proclama- tion money) additional was appropriated by the latter act, and 1,500 pounds was granted to supply a deficiency in the former fund. In December, 1767, Tryon was able to report that the work was being steadily pushed to completion. In 1770 the house, was ready for occupancy, and the public records were moved into it in Januai-y and February of the f(jllowing year.f •Colonial Records of N. C, Vol. VII, p. 273. t Colonial Records of N. C Vol. VII. pp. 431, 542-M3, and Prefatory Notes of same vol- ume, p. xii; Ibid., Vol. VIU. pp. 408, •ISO. OP NORTH CAROLINA. (35 Tlie main biiilJing was tliree stories high, had a frontag'e of eighty-seven feet, and was fifty-nine feet deep ; while on each side was a two-storied building — connected with the cen- tral edifice by gTacefully curving galleries. Between the gal- leries, in front of the Palace, was a handsome conrt-yard. The rear of the building was fashioned in the style of the Mansion House, or Lord Mayor's residence, in London.* The plumbing was done by an expert who came over from England for the express purpose. Eight tons of lead were \ised in this work alone. All of the sashes and four of the principal mantels were imported. In tlie council-chamber there was a handsomely designed chimney-piece containing decorations of Ionic statuary, with eohunns of sienna, the fret-work on the frieze being also inlaid with the latter mate- rial. In addition to this, and above the whole, were richly ornamented marble tablets, on which were medallions of King George and his Queen. f Over the principal door of the vestibule was another tablet, containing a Latin verse, ^vi'itten by Sir William Draper, wliieli ran thus : "Rege pio, fclix, dins inimica tyrannis, Virtuti has cedes libera terra dedit; Sint domus et dominus swclis exempla futuris, Hie artcs, mores, jura, legcsque colant." Frangois Xavier Martin, in his History of North Caro- liim,'!^. by a free translation, renders this into English verse as follows : " Lossing's Field Book of the Revolution. Lossing says the contract called for a build- ing two stories high. His illustration, however, shows three stories, t Colonial Records of N. C. Vol. VUI, pp. 7-8. J Martin's History of N. C, Vol. U, pp. 265-266. G6 GOVEENOK TRYOX ''In the reign of a monarcli, who goodness disclosed, A free, happy people, to dread tyrants opposed, Have to virtue and merit erected this dome; May the owner and household make this the loved home, \Miere religion, the arts, and the laws may invite Future ages to live in sweet peace and delight." Draper seems to have been the Admiral Dewey of his day, as Martin refers to him as "the conqueror of Manila." Mar- tin himself once visited the Palace in company with the gi-eat Venezuelan patriot, Don Francisco de j\[irauda, and tells us he heard Miranda say that the building had no equal in South America. In December, 1770, the first meeting of the Assembly was held in its new quarters at New Bern.'" The Governor, in his official message, said he gladly embraced the opiDortimily to render acknowledgments for the Palace which had been built for himself and his oflieial successors; adding that it was a public ornament, a credit to the provance, and an honor to British America. He also said he was confident that the strength of materials, the ability, integTity, and diligence of the architect, and the skill of the artisans who had been em- ployed would all contribiite to render it a lasting montimeut to the liberality of the colony. Little could he foresee that in less than two decades nothing but charred ruins would mark the site of this noble edifice ! For his instnnnentality in having the Palace built, Tryon has received as much hostile criticism as for any other act of his administration, and it is true that the colony could ill afford the outlay of money emi)loyed in that work. But tlie • Colonial Records of N. C. Vol. VIO, pp. 2S2, 285. OF NOETII CAROLINA. 6Y Governor looked to tlie future, and — of course, not foreseeing tlie Eevolution and the removal of tlie seat of governnicnt — no doulrt thought that lie was doing the province a good ser- vice hy the erection of a mansion and state-house which would be useful to Worth Carolina for many years to come. To the gratification of personal vanity also, it must be said, his action was largely due ; for, with all his strong points, he was vain to a marked degTee, and it probably never en- tered his head that any house could be too good for a digTii- tary holding the high and mighty office of Goveenoe, Cap- tain-Geneeal, and Oommandee-in-Ohief in and ovee His Majesty's Peovince of ISToeth Caeolina and Vice- AmiiEAL OF THE SAME. And the Assembly also seems to have held sentiments somewhat similar; for, in a dispatch to the Earl of Shelburn, dated January 31, 1767, Tryon says that the act of apj^ropriation for the building was carried through that body by a veiy large majority. In connection with the alcove, it may not be out of place to observe that no public building, in any way a credit to the State, has ever been erected in ISTorth Carolina without bring- ing do^vn denunciations upon those resj^onsible for it. When the old Capitol in Raleigh was burned (June 21, 1831) the economical legislators of that day ajDpropriated fifty thousand dollars, which they regarded as a princely sum, for the pur- jjose of building a new one, and api^oiuted commissioners to superintend its erection. These commissioners (all honor to their memory!) thought they knew more about building Capitols than the Legislature did, and invested the fifty thou- sand dollars in a foundation. Then succeeding Legislatures GS GOVERXOE TRYON had to spend considerably over half a uiillion dollars in put- ting a superstructure on top of that foundation, and these appropriations caused the political death of many of the State's best citizens ; but now the chief fault found with the Capitol is that it is too small. It may be that the building committee which bought the foundation for the Capitol took the idea from the plan which Tiyon was charged vriih pur- suing— only Tryon got considerably more than his founda- tion completed before he asked for further appropriations. And another "Governor's Palace" also caused a tempest in a tea-pot alxiut ninety-five years after Tryon's death, when a far-seeing Chief Magistrate, Governor Jai-vis, recommended to the General Assembly that an Executive Mansion be built in Burke Square, at Ealeigh, to supply the place of an old one, at the foot of Fayetteville Street, wliich had become uniit for use and had been sold. When the new building was being put up people called it "Jarvis's Folly," and news- papers deplored the fact that no poor man could thereafter afford to be Governor, as such an establishment wo\ihl require an independent fortune to keep it up. Yet the house is now considered an honor to the State, and quite often some poor man shows a willingness to offer himself a living sacrifice by becoming its official occupant. But to return to the Palace at New Bern : during the short time in which it was occupied by Governor Tryon — he lived there but little over a year — it was the seat of extensive hos- pitality, lx)th to prominent Americans and men of rank from abroad. \Vlien the building was first opened a grand ball was given by way of a house-warming. Of this entertain- OF NORTH CAEOLINA. 69 nieut vre can catch a faiut glimpse in the corrcspondeuce between James Iredell and Sir Nathaniel Dukinfiekl, wherein the baronet recalls how the dignified councillor, Samuel Cornell, "hopped a reel" at the close of the evening.* Whether or not the erection of Tryon's vice-regal edifice was regarded with favor by other sections of the colony probably caused little concern in New Bera. The fortunes of that town were fixed, for a time at least, and the dull routine of governmental administration was relieved by gay social gath- erings of Carolina's elite when the Assembly met. "A goodly place, a goodly time. For it was in the golden prime Of good Haroun Alrascliid." One thing — the style of royalty assumed by the Governor at his Palace balls — does not seem to have made a very pleas- ant impression on the colonial gentry of North Carolina; for, \^heu Judge Maurice Moore, under the pseudonym of "xVtticus," attacked Tiwon, it was said of the latter : "Your solicitude about the title of Her Excellency for Mrs. Tryon, and the arrogant reception you gave to a respectable company at an entertainment of your own making, seated with your lady by your side on elbow-chairs in the middle of the ball- room, bespeak a littleness of mind, which, believe me, sir, when blended with the dignity and importance of your office, renders you truly ridiculous." In the early stages of the Eevolution, Abner Nash, Richard Cogdell, Alexander Gaston, and other patriots seized the artillery (six pieces) with which the Palace was fortified, •Life and Correspondence of James Iredell, Vol. I. p. 173. 70 GOVEKXOR TKYON and Josiali Martin (Tiyou's successor, and tlie last of the Royal Governors) had to flee from his home and seek refuge on shipboard.* After the war the Palace was allowed to go to ruin. In its last years it was put to all kinds of uses: public entertainments were held therein; sometimes the Leg- islature met there; and usually it served the purposes of a school-house. The basement was used as a store-room for rubbish. The last mentioned circumstance explains why the Iniilding is not there now ; for, among other matter kept in the cellar, there was a large amount of combustibles, including hay. Sometime after night-fall, on February 27, 179S, an old negro woman was sent into the basement to hunt among the straw for hens' eggs. It being very dark, she carried with her a blazing pine-knot, which she laid down in order to gather the eggs — aaid it is not nccessai-y to trouble the reader with an account of what followed. When the main edifice was burned one of the wings shared its destruction, but the other is still standing. After the Revolution the State Legislature appointed commissioners to sell the land and buildings. One of the lots was purchased by Major John Daves, a distinguished veteran of the War for Independence ; and his son, John Pugh Daves, built upon it the house occupied by himself as a residence during the remainder of his life. James McKinlay (who married the latter's half-sister) bought the lot on which now stands the original wing. This house has had many vicissitudes. The first floor M'as used at one time as a stable and carriage-house, and there were kept the horses of General Washington at the •Life and Correapondence of Jamss Iredell, Vol. I, p. 2-10: Colonial Records of N. C, Vol. X, pp. 41, ct eai., 63, 145. OF Is'OETII CAROLINA. Yl time of his visit to New Beru. After the death of its first pur- chaser it was inherited by the children of John Pugh Dares, and they conveyed it to the parish of Christ Church, by which it was nsed as a chapel and parochial school. At the time of its con\'ersion into the chai3el much of the wood-work, when removed, was found to be of red cedar, in a remarkable state of preservation, notwithstanding the lapse of so many years. It is now used as a private dwelling. In dimensions it is fifty by forty feet. The commissionei'S, mentioned above, did not sell the site of the main building, as that was needed for an extension of George Street southward to the Trent river. In his History of the Presbyterian Church in New Bern" the Reverend Lachlan C. Vass says that the United States troops during the War Between the States attempted to pull do-mi what remained of the walls of the old buildings, in order to get the brick ; but that, so strong was the cement, no whole bricks could be gotten, and hence the attempt was given lip. He also states that sundry relics of the Palace and Tryon were then (1886) in New Beni, including a fine clock, a silver tea-kettle, a child's chair, a marble and rose- wood table, a writing-desk once used by the Governor, dresses worn by ladies of New Bern to the Palace balls, etc. When General Washington visited New Bern in April, 1791, the Palace was used for the fetes which were given iu his honor. On the 21st of the above month he was enter- tained at a public dinner there ; and afterwards attended a dance, where the company included upwards of seventy * History of the Presbyterian Church in New Bern. p. 94. t\i GOVEKNOR TEYON ladies.* Little did Tryou think, when taking his ease in this fine mansion, that, in so few years, its occupant would be driven from America and the house itself used in doing honor to a man whom, above all others. King George held in abhor- rence as an arch rebel and traitor ! The picture of the Palace shown in this work is based upon a plan preserved by John Hawks, the architect. At its session of 1768 the colonial Assembly, by Chapter Xf of its enactments, erected a coiinty in the Piedmont sec- tion of the province (out of a part of Mecklenburg) and called it in honor of the Governor. But Tryon county, North Carolina (like Tryon county, Xew York), is now a thing of the past; for, by Chapter XXIII of the Laws of 1779, the name was wiped from the map by the erection out of it of two new counties — ^named for Revolutionary patriots — Lincoln and Rutherford. By Chapter XIX, :}: passed at the saine session, a similar thrust was made at Lord Bute ; for Bute county was likewise divided into two new counties — Warren and Franklin. Liven an honor paid to old Governor Dobbs (who died before the Revolution was ever thought of) was afterwards revoked l)y the passage of Chapter XLVII of the Laws of 1791, whereby Dobbs county was also divided into two new counties, which were given the names of Lenoir and Glasgow ; but the "jjatriot" from whom the latter took its name was afteinvards convicted of forging laud gTants, so "Washington's Diary published in Pennsylvania Magazine of History, 1896, Vol. II, No. 2. p. 185. i See Iredell's collection of statutes, also Martin's: Chapter X in Davis's collection is different. t See Iredell's collection of statutes. OF NORTH CAROLINA. 73 Greene was substituted for Glasgow by Chapter XXXIX of the Laws of 1799. Though Tryou county has been abolished, there is a town (in the county of Polk) which takes its name from the Gov- ernor, as does also Tryon Mountain, several miles distant therefrom, to which reference has already been made. It has been suggested that the counties called in honor of Johnston and Martin, who were royal Governors, escaped a change because there were two whig Governors who bore the same names. And, as illustrative of the gratitude of om- ancestors to friends in Great Britain, it is well to observe that while the war was in full blast, in 1777, John Wilkes and the Earl of Camden had counties named for them. Burke county probably took its name from Governor Thomas Burke; for, at the same session, one was named for Gov- ernor Caswell, a contemporary statesman in Xorth Caro- lina. It lias been often stated that tlie county men- tioned was named for Edmund Burke. Possibly it Avas a liking for botli of these Burkes which caused the name to be selected. In 1779 one was named for the Duke of Kich- niond; and, as late as 1785, after independence had been won, Charles Watson Wentworth, Marquis of Rockingham, received a similar honor. For him, also, the county-seat of Rockingham is called Wentworth. There is likewise a town of Rockinghajn in the above mentioned county of Richmond. Before the Revolution, in 17(30, a county was given the name "f Pitt for William Pitt, afterwards Earl of Chatham; furthermore, in 1770, by way of an additional honor, Chat- liam county was erected, and the county-seat of the latter is 74 GOVEKNOE TETON caUed Pittsborougli, as a compliment to tlie same statesman. And names of the royal family — despite its hostility to the colonies — are still preserved by the counties of Brunswick, Orange, New Hanover, Mecklenburg, and Cumberland. jSTor should we omit to mention the coimty of Wake, about the origin of whose name has centered so much discussion. Wake county, in which Raleigh, the State capital, is situated, •was erected by Chapter XII of the Laws of 1770, the act being passed by the Assembly on December 23d, and by the Coimcil on the 27th of that month, with a proviso that it should not take effect imtil Marcli 12, 1771. The cJuii-ter of the new county was formally signed by Governor Tryon on May 22, 1771.* From this it would appear that his ap- proval was given while encamped with his anuy at Sandy Oreek after the battle of Alamance ; for, on that day he was at Sandy Creek, as sho-wn by his military Order Book. Por- tions of the comities of Johnston, Ciunbcrland, and Orange were severed for the erection of Wake, which, under the En- glish church-establishment, was known as the Parish of St. Margaret. That the name of Wake was given in honor of a member of the family to which Ti-yon was allied by mar- riage has never been questioned ; but the perplexing point has been whether it was named for Mrs. Tiyon, nee Wake, or for her sister. The historian Martin states that it was called in honor of the Governor's wife ; Jo. Seawell Jones of Shocco, in his Defence of North Carolineen a reference to the battle of Alamance that it is not characterized as the scene where the first blood of the Eevolution was shed, yet no v,-ritor has at- tempted to prove by contemporary evidence that the Regula- tors even so much as dreamed of independence. On the other hand, wiien an opportunity to fight for liberty presented itself a few years later, they nearly all became Tories, as will be shown later on. And the North Carolina militia soldiers who marched from their homes to the scene of the disturb- ances in Orange county are spoken of in the average history as the Royal Troops of England ! 7a GOVEHNOE TEYOI^ In an article by Doctor John Spencer Bassett, published in the Annual Report of the American Historical Associa- tion for 1894, that -writer reaches the very sensible conclu- sions : First. That the Regulation was not attempted as a revolu- tion. It was rather a peasants' uprising, a popular upheaval. Second. That the Regulation was not a religious move- ment. It was rather of an economic or political nature. It was not only not religions, continues Doctor Bassett, but it had the opposition of at least four of tlie five leading denom- inations in the disaffected district. To get at the true source of trouble with the Regulators is rather difficult, though there is no imcertainty about the cause which provoked the movement. This was the extor- tionate conduct of county officials in North Carolina, made more burdensome by the scarcity of a circulating mediran or legal tender money. The British had nothing to do with it. It was a North Carolina insurrection and suppressed by North Carolina sol- diers sei-ving imder North Carolina officers — all except Tryon himself were NortJi Carolinians, and even he was one for the time being. But of course any treason against North Carolina was indirectly treason against the King, as its supreme ruler; and, in the formal bills of indictment, etc., the King's name is used, as is always the case in British dduiiiiions. The man whose name, above all others, has been associated with the official abuses complained of, was Colonel Edmund Faruiing. This person graduated from Yale in the class of OF NOETII CAROLINA. Y9 1757.* TliOTigli certainly not so black as painted, histoiy charges him with being giiilty of many extortionate and irregular practices ; and we are told that he conducted himself with an insufferable hauteur in his dealings with the people. The idea (to quote his own words) of being "arraigned at the bar of their shallow understanding" did not have a very soothing effect on him. And it must be said that his blind adherence to each and every move of either the King or Gov- ernor, in both the colonial and revolutionary periods, would not (even were he above reproach in all other respects) give an impression that such adherence was altogether disinter- ested in a native American, for he was born in New York. During the Eevolution (at which time he had returned to New York) he remained loyal to Great Britain and was Colonel of the "King's American Regiment." That some of Fanning's illegal charges were made in pur- suance of rules laid down for his gaiidance by the Superior Court, of which he was an officer, must be admitted. When he was found guilty at the September Term, 1768, of charg- ing six shillings for registering a deed, while the law was sup- posed to allow only two shillings and eight pence, his case was refeiTed to John Morgan, Esquire, of the Inner Temple, Lon- don, upon the following statement : "On an indictment in Hillsborough Suijerior Court of Justice, for said province, in September last, Echnund Fan- ning, Register of Orange county, duly appointed and quali- fied, was found guilty of extortion in his office as Register for taking 6s on Deed No. 13. • For sketch of his life, see pp. 458-462, Vol. II of Biographical Sketches of the Gradu- ates of Yale College, by Franklin Bowditch Dexter; see also, sketch by Edward Jenner Wood in North Carolina University Magazine for February, 1899, p. 135. so GOVERNOK TKYOX "On the trial it was given in evidence and declared from the Bench that the taking did not hy any means appear to be a tortious taking, as the said Register had, previous to his entering on the said office, requested the Justices of the County Court (the supreme jurisdiction of the county) to consider on the fee-bill, who after so doing in open Court, instructed the said Register that he was legally entitled to 6.S and odd jience, at least, for every deed whatever, with pro- bate, order for registering, and Register's certificate of the due registering; and, in case of other instmments, more — as by bill drawn up by the Court and delivered to the said Reg- ister. The opinion of the late Attorney-General of North Carolina was likewise taken on this matter, who declared that the Register was entitled to demand fees to the amount of 8s 7d on any deed. "On application, several other Registers furnished him with Bills under their hands, for fees taken for the same ser- vices, for considerably more than Gs. "The said Register, however, to be within the law as he conceived, demanded and took upon all deeds C>s only."' Uix)n these facts and the deed itself submitted to him, Mr. Morgan gave it as his opinion : "On the Deed 13 and endorsements, I am of opinion that the Register is entitled to four fees, viz. : (1.) For the deed ; (2.) For the certificate of the examination of the feme covert; (3.) Certificate of persons examining, being justices; (4.) The oath of execution and order to register." Morgan fur- ther obsei'ves: "I think in the present ease the Register was not liable to be indicted, for two reasons: (1.) I am clearly of opinion lie was legally entitled to more than he took as to OF NORTH CAROLINA. 81 ISTo. 13; (2.) Supiwse he was not, we should then inquire quo anvnio he took the 6s. The answer is: not wath intent to extort, but through an invohmtary mistake — under a sup- position of right, consequently he is not criminal. In this case, Mr. Fanning did actually intend to take less than he conceived himself entitled to. And on entering into his office, acted in the most prudent manner, by requesting the Justices of the County Court, to ascertain his fees. I should think that the very allowance of a court of justice would be sufficient to exculpate Mr. Fanning at conunon law had he taken more than he was entitled to by the Act of Assembly ; and that, in such a case, there would not have been any mode of proceeding but by action of debt. He may be said to have acted with the approbation of the Justices; and therefore, for their honour, it is incimibent on the Judges, befoi-e whom this matter is pending, to give all the relief they can to Mr. Fanning."* If none of Fanning's offenses were worse than the one just cited, surely he has been abused beyond his deserts. And it may be added that some charges against him are untitle on their face. Take, for example, the statement of Eeverend E. W. Caruthers that Frohock (the Clerk of Rowan coimty) and Fanning made it a practice to charge fifteen dollars for a marriage license, when the law allowed a much smaller amount; and tliat Fanning, in particular, would charge five dollars for recording a deed when the law allowed only one dollar, f Now, if, instead of relying on hearsay, Doctor •Colonial Records of N. C. Vol. VUI, pp. 33-36. t Life of Caldwell, by Caruthers. pp. 114-115. 82 GOVERNOR TRYON Canithers had consulted the laws of the period of which he jjrof esses to treat, he would see that the word ''dollar" is nowhere to be found. All fees were presci'ibed and paid ac- cording to the English system — ^pounds, shillings, and pence. Nor is it merely quibbling over monetaiy terms to make this contradiction of Caruthers ; for, when Fanning was indicted as above, the record shows that his charge for recording a deed was six shillings, and that lacks a good deal of being iive dollars. In his History of North Carolina, Williamson makes the charge that Fanning, being unused to action and deiicient in courage, fled precipitately from the field of Alamance with all of his command except Captain Francis Nash's comjiany ; yet one of the chief reasons assigned by Tryon for afterwards appointing Fanning to oflice in New York was the fact that he had behaved so well under fire in this battle, the Governor saying to the Privy Council at the time of making the ap- pointment: "He is a gentleman, my Lords, that on the auspi- cious 16th of May, Her Majesty's birthday, headed two hun- dred men at the battle of Alamance and, by his brave example contributed to the success of that day."* The estimation in which Colonel Fanning was held by the colonial Assembly of North Carolina is sliown by the pas- sage of a resolution through that body on January 25, 1771, finding the charges ag-ainst him "false, wretched, and mali- cious"; and declaring that (so far as anything had been made to appear to the House) his conduct had been "fair, just, and lionoural)k', both as a member of tlie House in par- • Documents relating to the Colonial Records of the State of New York, Vol. VIU. p. 327. OF NOETH CAROLINA. 83 ticiilar and of the conununity in general." This resolution was not only jja-ssed, but passed unanimously by an Assem- bly in which were such men as Griffith Rutherford of Eowan, Thomas Polk of Mecklenburg, Eichard Caswell of the bor- ough of K"ew Bern, Robert Howe of Bninswick, Howell Lewis of Granville, JSTeedham Bryan of Johnston, John Campbell of Bertie, Cornelius Harnett of the borough of Wilming-ton, and others of like character.* When the War of the Revolution was ended Fanning re- moved to Nova Scotia. There he became a member of the Council, and was later made Governor of St. John's Island, now known as Prince Edward Island. At the time of his death, which occurred in 1818, he was a resident of London and held a general's commission in the British service. From an English stand-point, in the Oentleinans Magazine, it was then said : "The world did not contain a better man in all the varioiLs relations of life: a husband, a parent, and a friend. As a landlord and master he was kind and indul- gent. He was much disting-uished in the American war, and raised a regiment there, by which he lost a very large liroperty." The number of literaiy degi-ees conferred upon Edmund Fanning was somewhat remarkable, and not only attests his scholastic excellence, but also the high esteem in which he Avas held in America, as well as in England, both before and after the Revolution. He was graduated Bachelor of Ai-ts from Yale in 1757, and later was made Master of Arts by the same institution, which also conferred upon him the de- • Colonial Records of N. C. Vol. VIII, pp. 303-304, 461. 8.4 GOVEENOE TETON gree of Doctor of Laws in 1803. He was given the degree of Master of Arts by Hansard in 1764, and by King's Col- lege (now Columbia) in 1772. In 1803 Dartmouth con- ferred upon him the degree of Doctor of Laws, and the Uni- versity of Oxford, in England, gave him the degree of Doctor of Civil Law in 1774. It may be qiiestioned whether any American-born citizen up to the time of Fanning was ever the recipient of so many honors of a like kind. And it should be remembered that Yale and Dartmouth conferred their highest degrees after the Revolution, when the bitter feeling engendered by that war, in which Fanning sided against the colonies, had not been wiped away. One of Colonel Fanning's nephews was the great Virginia lawyer, John Wickham, who was of counsel for the defense in Aaron Burr's trial for treason. Edmimd Fanning should not be confused with the Tory marauder and outlaw, Ctilonel David Fanning of North Carolina. They were in no way related. And it should also be noted that the statement, often made, that Ednuuid Fan- ning was a son-in-law of Governor Tryon is entirely without foundation in fact. Something also shonld be said of the P'rohocks of Rowan, against whom Carutlicrs makes so many sweeping charges. Another writer. Reverend Jethro Rmnple, in his Histoiy of Roivan County* gives tJie impression that tliey were not such a corrupt set after all. Of Colonel John Frohock (who died in 1772), Rumple' says his great fortune was amassed by enter- ing unoccu]ii('d public lands; and tlmt he (nnied real pro]!- • History of Rowan County, pp. 57-61. OF NORTH CAROLINA. 85 erty on the Yadkin, Saxapahaw, and Tar rivers, and in Vir- ginia. This account adds: "He mentions neither wife nor child in his will, and it is presumed that he was not married. Besides the kindness shown in the liberation and education of his body sei'vaut, Absalom, he expressly enjoins that his debtors should not be oppressed or sued, but ample time given to them to j^ay their debts to his executors." The same \\Titer continues: "Dr. Caruthers designates Thomas Fro- - hock as a 'bachelor,' but the evidence of his will is to the con- ' traiy. His will, in 1794, leaves his property to his son, Alexander Frohock, and to his daughter, Elizabeth, who was in;uTied to Charles Hnnt, a merchant of Salisbury. * * * * He gave to the towm the lot now kno^\^l as the 'English Grave- yard' or 'Oak Grove Cemetery,' and the School House lot im- mediately in front." Beside* these brothers there was a third, William Frohock, at one time an officer of militia and Deputy Sheriff of Rowan. John Frohock was Clerk of the District Court, and Thomas was Clerk of the Superior Court. They at one time lived in Halifax county. When the to^\•n of Charlotte was first given a charter (Chapter XI, Private Laws of 1768), John Frohock was one of the three conmaissioners vested with the govei-nment of that now famous borough, his associates being Abraiam Alexander and Thomas Polk. The last named also acted as Towti Treasurer. The seareity of a circulating medium had a good deal to do with the insurrection of the Regiilators. There was little money in the province, especially in the middle and western sections, and taxes could not be paid without it. Time and again would the Assembly attempt to stem the difficulty by a 86 GOVEBNOE TRTON method which had been before employed — the emission of paper currency — but its action woukl fail to receive the royal assent, and therefore become of no effect.* Finally, some relief was obtained by a small issue of "notes of credit," which, though not legal tender, sufficed as a domestic mediimi. Wliile the misconduct of the public officials in the counties, where the Regulators rose up in arms, was bad enough in itself, it has been made to appear far worse by many writers who receive with implicit faith all the wild and improbable traditions of the section where the trouble occurred. Take, as an example, the statement in the first series of a work entitled The Old North State in 1776,-f by the Eeverend E. W. Caruthers, where that -writer says: "In the county of Orange, and not far from the present seat of Chapel Hill, when the Sheriff was going over the coiuitiy distraining and selling the property of every man who did not instantly pay the amount of tax demanded, accompanied, too, by his depu- ties, and perhaps some others, well armed and attending him as a life guard, he came to the house of a poor man who was not at home; but, as if determined not to be wholly disap- pointed in his object, and not finding anything else, or not enough of anything else to satisfy his demands, he took oif his wife's dress, which she had on at tlie time, and which she had made with her own hands, sold it Tinder the hammer for her husband's tax, and then, giving her a box or slap with his hand, told her to go and make another. This was related to me some foui'tocn or fifteen years ago by an old gentleman • Colonial Records of N.C. Vol. VU, pp. 570. 678-683, 709, 792, 866, 892, 922, 987: Ibid., Vol. VIII, pp. 9. 651. t The Old North State in 1776. pp. 21-22. OF NORTH CAROLINA. 87 of respectability in that region ; and he gave it merely as illus- trative of the course pursued by the 'tax gatherers' in that quarter." While this is given by the writer just quoted as illustrative of the coiu-se pursued by the tax gatherers, it is still more illustrative of the fact that the "old gentleman of respectability" who told this tale to Doctor Caruthers had a very gullible listener. That household furniture (even in- cluding beds) was levied on then, as now, for the non-pay- ment of taxes, is tnie. But asking sensible persons to believe that the sheriffs of that day went around collecting taxes in the peculiai-, not to say indelicate, manner above described, is too great a strain on human credulity. This same Doctor Oaruthers, in his Life of the Reverend David Caldwell,* favors us with a touching little romance concerning the death of James Few, which runs as follows: "He was engaged to be married to a young lady whom Fan- ning seduced. He then joined the Eegulators ; was taken on the field of battle, and, at the instigation of Fanning, was executed on the spot." The above italics are in the original. Of the death of Few — who, by the bye, was a married man, and not a blighted young bachelor — mention virill later be made. Tryon's official report says that it occun-ed on the day after the battle, and omits to state that he was hanged as a delicate little attention to Ck)lonel Fanning. As early as Augiist, 1766, there had been some movement at Haddock's Mill, on the Eno river, a few miles from Hills- borough, to consult for the redress of grievances.-)- It was provided that no liquor should be accessible at this meeting, * Life of the Reverend David Caldwell, p. 158. t Colonial Records of N. C Vol. VU, pp. 249-252. 88 GOVERNOR TRYON which was a very wise precaution ; for, if the performances of the Regulators a few years later were indulged in when sober, there is no telling to what extreme they would have gone if driuLk. The tenn "Eegulator" was borrowed from tin organ- ization which had previously existed in South Carolina.* Sometime in the year 1768 a second meeting was held and a set of resolutions passed, setting forth the gTievances of which the people complained. The parties to this compact boimd themselves to pay no greater taxes than the law j^ro- vided and to see that the taxes were properly applied ; to exer- cise the legal right of petitioning the Governor and legisla- tive body of North Carolina, or the King and Parliament, if necessary ; and to join in defraying the exjjenses of presenting their case in the manner projwsed. This was moderate enough, as was also a memorial dated March 22, 1768, which demanded that the public officers should give an accoimt of their stewardship to the people.f But less than a month later began to appear that mob violence which was regarded by all of the respectable citizens of the colony as a blot on the good name of North Carolina. On the 8th of April rioters, to the number of about one hundred, came into Hillsborough to take from the Sheriff a horse -which had been levied on for the non-payment of taxes; not content with this, they bound the Sheriff with ropes, maltreated other inliabitants, and amused themselves by firing shots through the house of Ed- niuiul Fanning, who was then absent from towni.:}: Immedi- ately after this disorder, Lieutenant-Colonel John Gray, of " Article on Reprulation, by Dr. J. S. Bassett, in Report of the American Historical Association for 1894, p. 164. note (quoting authorities). tColonial Records of N. C. Vol. VH. pp. f)71-fi72. 699-700. } Colonial Records of N. C, Vol. VH, pp. 705-707. OF NOBTH CAEOLINA. 89 the Orange county militia, prepared to raise troops to protect the town against future attacks. For this purpose he called a council of the officers under him. These were Major Thomas Lloyd, Adjutant Francis ISTash, and Captains Holt, Hart, Thompson, King, Mebane, Lytle, and Thackston. In a letter dated April 17th, two of these gentlemen, Captains ISTash and Hart, reported that when the militia was ordered to assemble only about one hundred and twenty effective men could be gotten together, as so many of the inhabitants were in sympatby with the mob. All of the officers, however, said this letter, behaved with the utmost loyalty, firmness and reso- lution, and to a man could be relied upon to ventiu'e their lives and fortunes in support of any measures for the suppres- sion of such a lawless and rebellious crew.* As already mentioned, Edmimd Fanning was absent from Hillsborough when these occun-ences took place. But he returned post-haste, immediately upon hearing of the dis- turbances, to assume conmiand of the Orange coimty militia, of which he was colonel. He also dispatched a special mes- senger to Governor Tryon, then at Wilmington, giving an account of the troubles existing. In his letter Fanning stated that the agitation among the people had first arisen in Anson eoimty and then spread into the territoiy adjoining; and that, at the time of his writing, the Regulators in Orange had a plan on foot to raise a force of about fifteen hundred men and march them into Hillsborough on the 3d of May, when they would lay the town in ashes if their demands were not complied witli. In order to frustrate their plan, he also * Colonial Records of N. C. Vol. VU, pp. 710-712. 90 GOVEENOE TETON said it was his intention to have the ring-leaders arrested under cover of night, though he feared this might precipitate matters. That the capture of Hillsborough, on May 3d, was proposed, does not rest upon Fanning's testimony alone; for, in the records of proceedings by a coimcil of the Regulators on April 25th, we find that a clergyman visited them and "by the power of persuasions and argiunent" induced thorn to promise they would not go into town before the lltli of that month unless some of their property was in the meantime levied on for taxes, in which event twelve of their niunber were to go in for a parley upon the matter.* Though Fanning had said he woidd consider it a disgrace to have to call on an outside force to aid in suppressing a disturbance in his own county, the Provincial Coimcil took a different view ; and, by its advice, the Governor ordered the militia colonels of Bute, Halifax, Granville, Rowan, Mecklenburg, Anson, Cumber- land, and Johnston counties to be ready to furnish assistance if required. Being willing to share personally any danger which might arise, Tryon wrote Colonel Fanning: "The best testimony I can give of my approbation of such steady be- haviour in so righteous a cause is the offer, A\hich I A^ath sin- cerity make, to come up and join you against all your op- posers ; and this I will do as soon as you inform me ray pres- ence is necessary."! It was doubtless Tryon's intention from the first to com- mand personally the provincial forces if a resort to arms be- came necessary. Concerning his military tastes, Saunders •Colonial Records of N. C. Vol. VII. pp. 713-716. t Colonial Records of N. C, Vol. VII, p. 717. OF NOETH CAEOLINA. 91 observes: "That he possessed personal courage, is doubtless true ; and that he was well versed in the learning of his profes- sion and possessed of a practical knowledge of its details, no one can deny who has studied his record. Undoubtedly he was fond of the pomps ajid vanities of life generally; biit, possibly, he was never quite so happy as when riding at the head of a column of gallant men, and doubtless the feather in his hat was just a trifle, at least, more showy than the feathers worn by men of equal rank, though, perhaps, not of equal mili- tary ability. But Tryon, when in aSTorth Carolina, at least, is considered to have been something more than a mere soldier seeking the bubble reputation at the cannon's mouth; but, for all that, he was always a soldier, and while an adept in the arts of diplomacy whenever it pleased him to employ them, he always had in view the use of anned troops as the last resort."* Upon being called together (April 27, 1768) for consul- tation on tlie alarming state of affairs in Orange county, the Council of the province, besides advising the Governor to get the militia in readiness for an emergency, also recommended that a proclamation be issued against the imlawful assem- blages.f This proclamation was carried to the Regulators' country by Captain Isaac Edwards, Secretary and Aid-de- camp to the Governor. As soon as the plans had been completed to arrest the ring- leaders of the Eegidators and thus thwart their design of a second armed descent on Hillsborough in May, 1768, Major Thomas Lloyd, one of the magistrates in Orange county, ♦ Colonial Records of N. C, Vol. VIII. Prefatory Notes, by W. L. Saunders, p. XXXV. t Colonial Records of N. C, Vol. VII, pp. 720-722. 92 GOVEENOE TEYON issued a wan-ant for Herraon Husband, the chief agitator in the movement. With a small force of armed men, Captain Thomas Hart rode ont of Hillsborough on the night of May 1st, and, a little after simrise on the day following, served the warrant on Husband, whom he took back to town before an alarm could be given. William Butler was arrested about the same time. Knowing that Husband could not be se- CTirely kept where his faction was in the ascendant. Justice Lloyd made out papers committing him to the jail in New Eern; but, by many good promises, before he was taken there, he prevailed on the authorities to admit him to bail* Butler was also released. It had been ordered that all per- sons arrested on charges of riot should be carried, for safe- keeping, either to ISTew Bern or Wilmington. Next to Orange, it is probable that Anson coimty was the scene of more trouble than any other place. In April, 1768, while the County Court was being held there, a mob as- sembled and broke up proceedings. In a letter to the Gov- ernor, Colonel Samuel Spencer gave an accoimt of the trou- bles; and, for further particulars, refen-ed His Excellency to William Hooper, who was one of the law;}'ers driven out of the court-house, and by whom the letter was carried. f Upon receiving the news from Anson, Tryon issixed a proclama- tion (May 17, 1768) commanding the rioters to desist from their lawlessness. In response to a petition from the people of that county, he also promised that any officer who had been •Colonial Records of N. C, Vol. VU, pp. 742-743; Husband's narrative in Wheeler's History. Part U, pp. 316-317. + Colonial Records of N. C, Vol. VH, pp. 722-728, 751, 806, etseq.: North Carolina Uni- versity Magazine, August, 1855, p. 252. OF NORTH CAROLINA. 93 giiilty of dishonest practices should be held to accoimt for the same. Each person who joined the Association of Regulators in Ansou was required to subscribe an oath declaring that if the goods of any fellow-member were seized for the non-pay- ment of taxes, the same should be forcibly recovered; that if any Regulator was imprisoned, he should be rescued ; and that if any one of their number was fined or otherwise put to expense by the government, his loss shoidd be shared by the entire association. In July, 1768, Governor Tryon went in person to Hills- borough ^vith a view of pacifying the discofitented element, but his endeavors were not successful. In the early part of Aiigust he received notice that a large body of insurgents had assembled and made threats that they would come in and burn the town if their demands were not acceded to. Immediately tlie militia was ordered out; and, by the 12tli of August, a force of between two and three hundred had been raised from Orange coimty, but the Regidators did not attack. Marching through Rowan and jMeckleubiu'g counties to gather up recruits, Tryon was quite successful in his efforts. Colonel Alexander Osborne commanded the Rowan regiment and the regiment from Mecklenburg was imder Colonel Robert Hai-ris. Another Colonel Robert Harris, in the same expedition, commanded the regiment from Granville.* As both these gentlemen had names and ranks exactly similar, care should be taken not to confuse them. On August 26th a grand review was held at Salisbury, when * For references to these officers, see Colonial Records of N. C, Vol. VU, pp. 828, 832, 888; Ibid.. Vol. Vm, p. 698. 94 GOVEENOE TRYON both Tryon and Colonel Osborne addressed the troops.* The former stated that a Superior Court, to try those concerned in the recent disturbances, had been ordered to convene at Hillsborough, and an amied force was necessary for its iDroteetion. He also explained that no troops would be forced into this service by draft, but only volunteers accepted. Then he dismounted; and, with the King's colors in his hands, called for those companies which were ready to serve. The tirst to volunteer was a company under Captain Dob- bins, to the custody of which Tryon then committed the colors as a compliment to its zeal. All of the other companies then followed in succession except one commanded by Captain Knox, and this officer was so disgiisted at the action of his men that he immediately left them and joined the volunteers alone. The company here mentioned, however, aftenvards sent an apology to the Governor, saying that a misunderstand- ing, and not disaffection, had caused its action; and many came back as volimteers. "The general battalion was then dismissed, and the Field Officers, Captains, and other gentle- men waited on the Governor to dinner, where the health of His Majesty and the Eoyal family, prosperity to the prov- ince, and success to the Kowan and Mecklenburg Volunteers were drank. Before the company broke up the Governor acquainted Colonel Osborne, in the presence of Captain Dob- bins and the rest of the officers, that he presented His Maj- esty's colours to the Rowan regiment of militia as an honour- able testimony of the loyalty of that regiment and of the spirit tliey testified in turning out as volunteers in the service • For journal from which this account of expedition is drawn, sec Colonial Records of N. C. Vol. VII. p. 819, et acq. OF NORTH CAROLINA. 95 of their King and country. And that, in consideration of Captain Dobbins and his company first joining the union colours, His Excellency desired and requested that Captain Dobbins' company might always caiTy into and bring out of the field the King's colours and that the Ensign of the said company should always can-y those colours whenever brought into the' field." So states the Governor's military journal. The Captain Dobbins here mentioned appears to have been that Alexander Dobbins who afterwards served with Colonel Osborne and others on the Committee of Safety and in the State militia forces of Eowan coimty during the Revolution, when most of the inhabitants of that section were pretty effectiially weaned from the "King's colours." Leaving the Eowan regiment at Salisbury, Governor Tiyon moved forward to the home of Major Martin Phifer, where he held a consultation with Colonel Hai-ris and other officers of the Mecklenburg regiment. He then arranged with them for a meeting to be held later at the house of Lieutenant- Colonel Moses Alexander. It is not necessai-y to weary the reader with a detailed account of the march of the Mecklenburg and Rowan regi- ments back to Hillsborough. They arrived there on the 19th of September. Two days later they were joined by the Orange and Granville regiments, the former commanded by Colonel Edmimd Fanning, and the latter by one of the Colo- nel Robert Harrises heretofore mentioned. In the matter of commissioned officers, it is doubtful if so remarkable a military make-up as Tryon's army ever existed. In numbers the whole body of troops would not exceed a colonel's command in the present regular army of the United States, and yet John Rutherford, Lewis Henry DeRosset, 96 GOVEKNOE TBYON John Sampson, Benjamin Heron, Samuel Strudwieik, and Robert Palmer were all made Lieutenant-Generals, while Thomas Llojd and John Ashe became Major-Generals. Among the Colonels were: James Moore (artillery), Alex- ander Osborne, Edmund Fanning, Robert Harris of Meck- lenburg, Robert Harris of Gramalle, James Sampson, Samuel Spencer, and Maurice Moore. Lieutenant-Colonels: Robert Schaw (artillery), John Fro- hock, Alexander Lillington, John Gray, and Samuel Benton. Majors: Abner ISTash, Robert Howe, William Bullock, Martin Phifer, John Hinton* and Walter Lindsay. Aids-de-eamp : Isaac Edwards and Jvlm Abraham Collet. Quartermasters: Lewis Coffer for Rowan regiment and William Bedford for Mecklenburg regiment. Conunissaries : Thomas Hart for Orange and Granville regiments, Hugh Montgomery for Rowan regiment, and Moses Alexander for Mecklenburg regiment. Captain of Artillery: Samuel Swann, jimior. Surgeon-General: Anthony Newman. Surgeon for Mecklenburg regiment: Dominicus Hawk. Besides these there were many other officers, the records of whose services are unfortunately lost. Seeing the Superior Court hedged about by the pro- vincial troops, the Regulators made no attempt to internipt its proceedings when it convened in Septemljcr, first at Salis- bury and then at Hillsborough. Of the trilnmal just men- tioned Martin Howard was Chief Justice, while Maurice Moore and Richard Henderson were Associate Justices. "Major (afterwards Colonel) Hinton then commanded Johnston county troops. When Wake was cut off from Johnston he lived in Wake. For an interesting account of his life, by Miss Mary Hilliard Hinton, see South Atlantic Quarterly (Durham. N. C). Vol. I, p. 182. April, 1902. OF NOETH CAROLINA. 97 During the progress of the court at Hillslwrough, William Butler, Samuel Devinney, and John Philip Hartzo were con- victed of rioting and attempts to rescue distrained property from the Sheriff. Upon the first named defendant was im- posed a fine of fifty pounds and a sentence to six months' im- prisonment, and the otlier two were each fined twenty-five pounds and given a three months' sentence. But, as at that time the trouble seemed to be ended, the Governor by a pardon caused their release from prison and susi^ended the payment of the fines for six months. A full general pardon was after- wards proclaimetl, and tlms the fines were remitted. Con- cerning these prosecutions, Go\'enior Tryon, in one of his letters, observes: "To say that tliese insurgents had not a colour for their shewing a dissatisfaction at the conduct of their public officei-s Avould be doing them an injustice; for, on a pi-osecution at the Superior Court, carried on by the Attorney-General in the virtue of my directions, b<)th the Register and Clerk of the county were foimd gaiilty of taking too high fees. It manifestly appearing that Colonel Fan- ning, the Register, had acted with the utmost candour to the people, and that his conduct proceeded from a misconstruction of the fee-bill, he was in court honorably acquitted of the least intentional abvise in office. Colonel Faiming, however, immediately after the above verdict, resigned up to me his commission as Register."* Quite a number of Regulators were indicted at the above court, though only Butler, Ue%amrey and Hartzo were tried. The other cases were continued. Tlie insurgents having all submitted or dispersed, Tryon • Colonial Records of N. C, Vol. VU, pp. SS4-S85. 98 GOVEKNOE TETON naturally tliouglit that resistance was at an end and disl>andcd his troops on the 2d of Octohor ; hnt, as will he seen in the next chapt-er, the real troiihle was just beginning. In his farewell order the Governor said : "His Excellency returns both the officers and men of the anny his gTateful and unfeigned thanks for the patient and persevering con- duct with which they have supported the govenuuent, their own honour, and the credit of the administration, as by their spirited behaviour they have greatly contributed to the dis- persing of the rioters and in bringing tliem to a siibmission to govermuent and a sense of their error. These measures being hap])ily effected, it is His Excellency's pleasure that Colonel Osborne cari-y a proclamation of pardon, with a few exceptions, for the insurgents, which Colonel Osborne will read at the head of the brigade at Salisbui-y, and aftenvards affix it up at the court-house door." Colonel Alexander Osborne, whose military services have been frequently referred to in this chapter, came to North Carolina about 1755 from New Jei-sey, where he was Ixirn in 1709. He died July 11, 1770, at the beginning of the War for Independence ; and, in him, the cause of the colonies lost an able supporter, whose sei-vices to the ^Vllig govern- ment had already been of value.* The family to which he belonged is said to be descended from the Dukes of Leeds, whose surname is Oslx)rno.f Colonel Alexander Osborne was the father of Colonel Adlai Osborne, a useful Revolutii)nary patriot, and from him also spring-s the Osborne family (now chiefly resident in Mecklenburg county) which has so ]U'onii- " Sketches of Western North'Carolina. by C. L. Hunter, p. 186. t See Memoir of General Josepli Gardner Swift, p. 03. OF NORTH CAROLINA. 99 iiently figured in the leij,'al, political and military annals of North Carolina. As mnch will be said of the colonial judiciary later on in this work, a few words concerning the personnel of the Conrt may not be out of place. Of the Chief Justice, Martin How- ard, mention has already been made, which renders it unneces- saiy to speak of him further. The Associate Justices were Maurice Moore and Eichard Henderson, who received their appointments at the same time, March 1, 1708."'^ Judge Moore had also filled the above position once before, but was turned out of oflice on account of his resistance to the Stamp Act. Of him, at the time of his second appointment, Tryon says: "This gentleman I suspended during- the late distractions in the colonies. His proper conduct and be- haviour since tliat period, and the British Act of Grace siib- sequent to those troiibles, induced me, with the approbation of the Council, to reinstate Mr. Moore in oflice." Some his- torians declare that JMoore sympathized with the Regulation movement; but, when this riuuor was afloat during his life- time, he said: "I have been cahunniated before now, but never so capitally as in this case." And, in a military capac- ity, he marched a.gainst them. The Moore family, of which he was a member, had been prominent in the Cape Fear country since the days of Governor Burrington ; and, prior to that time, was of great power in South Carolina, where sev- eral of the name had filled the office of Governor. As at the time of the Stamp Act, so in the days of the Revolution, IMau- rice Moore's great influence went with the colonies, and there •Colonial Records of N. C, Vol. VII, pp. 6S1, 6D7. 100 GOVEENOE TETON is further abiuidnnt reason for Ivclieviiio- that he ever had the good of iSToi-th Carolina at heart. Pnit that strong prejudices were among other strong points in his make-up we are also convinced, for the famous "Atticus" letter, in view of his own connection with a few of the mattei-s treated therein, speaks more for his ability as a writer than for his consist- ency. He was a member of the North Carolina Provincial Congress at Halifax, in November, 1776, and died on the 15th of Januai-y, 1777.* One of his sons was Associate Justice Alfred Moore of the United States Supreme Court. Jvidge Richai-d Henderson was one of those striking figures in OTu* colonial history, in whose character the attributes of pioneer and statesman Avere jointly predominant. He is now chiefly remembered for his unsuccessful attempt to set up a new commonwealth in the present l>cautiful regidu which was then, in fact, a "dark ajid bloody gi-ound." He was lx)rn in Hanover coimty, Vii-g-inia, on the 20th of April, 1735 ; and, when a boy, not over ten years old, was brought by his father to Granville county. North Carolina. His first legal service, of a public nature, was as King's Deputy Attorney. When later apjDointed Judge, in 1768, he is referred to by Governor Tryon as "a gentleman of candour and ability, boni in Vir- ginia, and about thirty-three years of age." In addition to his civil positions, he also held, prior to the Eevolution, a commission as colonel of militia under the Crown. When the War for Independence came on he cast his lot with the Ameri- can cause. On September 25, 1775, lie was elected President of the whihim "Colony of Transylvania" — (a part of the prcs- • Colonial Records of N. C, Vol. X, p. 913; see also, address by Junius Davis in N. C. Supreme Court Reports. Vol. 121. p. 8S4. OF NORTH CAKOLINA. 101 cnt States of Keiituckv and Tennessee) — which colony aided in sustaining the niensnres of the Continental Congress; in 1778 and again in 1782 he was a member of the j^ortli Caro- lina Coimcil of State ; on August 14, 1778, he was elected a Judge of the SuiDcrior Courts of Xorth Carolina, but declined the office ; was one of the commissioners appointed to settle the boundary between Virginia and K'orth Carolina in 1779 ; rep- resented Granville county in the House of Commons at the ses- sion of 1781, and perhaps served the State in other capacities.* He died January 30, 1785. Among his children were Chief Justice I^eonard Henderson and the eminent attorney, Archi- bald Henderson, whom Judge llurphey describes as "the most perfect model of a lawyer that the bar of jSTorth Caro- lina has produced." Many talented representatives of this family now living have also added honors to the name. Of Judge Richai'd Henderson's experiences with the Regulators later mention will be made. During the encampment of the colonial troops at Hills- borough (September 25, 1768) they were addressed in a ser- mon by the Reverend George Micklejohn, S. T. D., who dis- coursed on the duty of submission to the established jwwers.f A few years later the pai-son still held to these principles, and retained his loyalty during the war -with Great Britain — "a High Churchman in religion and a High Tory in politics," •Colonial Eecoi-ds of N. C, Vol. X, pp. 256, et sea.. 373, et seQ.. 3S2. et seg.: State Records of N. C. Vol. XU, pp. 7£6, £51; Ibid.. Vol. XIV, p. 353. et scq.; Ibid.. Vol. XVI, p. 95; Ram- sey's Annals of Tennessee, pp. 117-119; Ch. XVI of the Public Laws of N. C. for 1779: article on Henderson family in Wake Forest Student for 1899, p. 1, by Dr. T. B. Kings- bury. For account of the E-ovemment of Transylvania colony, see Kentucky publication by Georffe W. Ranck. entitled "Boonesboro," issued by Filson Club. i-Tiiis sermon was afterwards printed by order of the Assembly. For title, etc., see North Carolina University Magazine, August, 1855, pp. 250-251, 7iote. 102 GOVEENOE TETON one Yi-ritcr has called him. After the war he removed to Virginia. When he died he was more than a hundred ^-ears old. Bishop Meade, in his work on Old C]iurches and Fami- lies of Virginia,* states that Pai-son Micklejohn had taught school prior to the Revolution ; and, after the close of hostili- ties, was solicited hy some gentlemen to resmne his occupa- tion, but he refused, saying that he would have nothing to do with their little American democrats, for it was hard enough to manage them l>efore the Revolution, and now it would be impossible. On Sunday, the 12th of May, 1771, during Tryon's second campaign against the Regiilators, his troops were favored with a sermon which even exceeded that of Parson Micklejohn in war-like spirit.f This was delivered by the Reverend James Macartney, who chose as his text a selection from the thirty-sixth verse of the twenty-second chapter of St. Luke, "He that hath no sword, let him sell his garment and buy one." Besides other infonuation contained in the biogTaphy by Caruthers we are also indebted to that author for some poeti- cal effusions of the period embracing the War of the Regula- tion. These are from the ix}n of Rednap Howell, who is called the Poet Laureate of the Regulators, and arc mostly directed at Edmund Fanning, who — though a college-bred man and the son of wealthy parents — is represented as a weary pauper when first wending his way into Xorth Carolina : * Old Churches and FamiHes of Virginia, Vol. I, p. 488, t State Records of N. C. Vol. XIX, p. 840, OF NORTU CAROLINA. 103 "When Fanning first to Orange came, He locked both pale and wan; An old jjatched coat was on his back, An old mare he rode on. "Both man and mare wan't worth five pounds, As I've been often told; But, by his civil robberies, He's laced his coat with gold." Two more verses represent a dialog'ue bet^veen the partners in iniquity, and run as follows: "Says Frohock to Fanning: 'To tell the plain truth, When I came to this country I was but a youth; My father sent for me: I wan't worth a cross, And then my first study was stealing a horse; I quickly got credit, and then ran away, And haven't paid for him to this very day.' "Says Fanning to Frohock: "Tis folly to lie, I rode an old mare that was blind of an eye; Five shillings in money I had in my purse. My coat it was patched, but not much the v.'orse; Cut now we've got rich, and it's very well known That we'll do very well if they'll let us alone.' " Howell was a school-teacher by profession and a brother of Governor Eichard Howell of ISTew Jersey. A grand- daughter of Governor Howell mamed JefFerson Davis. Eed- nap Howell w^as never pardoned for his participation in the Insurrection of the Eegulators — his name being specifically excepted from all "acts of grace" — and what became of him is not knowni. \yiien la.st heard of he v.as in Virginia. 104 GOVERNOR TEYON CHAPTER VII. FURTHER VIOLENCE OF THE REGULATORS— OUTRAGES CON- TINUE AT HILLSBOROUGH— HOUSE-BURNING IN GRANVILLE COUNTY— HUSBAND EXPELLED FROM ASSEMBLY AND IM- PRISONED—LEGISLATIVE MEASURES AGAINST THE INSUR- GKNTS— TRYONS SECOND MILITARY CAMPAIGN— PATRI- OTIC NORTH CAROLINIANS IN HIS ARMY— PARTIAL LIST OF OFFICERS— GENERAL WADDELL"S FORCE INTERCEPTED— INSURGENTS ROUTED AT BATTLE OF ALAMANCE— SOME OF THE KILLED AND WOUNDED— FLIGHT OF HUSBAND BE- FORE THE BATTLE BEGINS. As heretofore observed, Tryon issued a pardon to all con- cerned in the disturbances of 1768 and times previous thereto, with a fc.v exceptions, and ordered his proclamation to he made public by Colonel Osborne. At a later period, Sep- tember 9, 1769, another proclamation of pardon was issued, which included each and every offender, with no exceptions whatever.* This rendered things more quiet foV some months, but the real trouble was yet to begin. On September 24, 1770, while Judge Eichard Ilendei'son was holding court at Hillsborough, the Regulators (including Ilernion Husband, Robinson York, William Butler, Rednap Howell, Jeremiah Field, James Hunter, Samuel Devinney, and others) broke into the court-room, attempted to strike him while on the bencli, and beat Jnhn Williauis, afterwards a highly respected Judge. William Hooper, one of the greatest and best men of whom the annals of North Caro- lina can boast, they "dragged and ])araded through the streets, •Colonial Records of N. C. Vol. VUI, p. 67. OF NORTH CAROLINA. 105 and treated with eveiy mark of contempt and insult." James Iredell (afterwards a Justice of the United States Supreme Court) was auotlier la\\'j'er attending this session of Orange Court, but the "parcel of banditti," as he called the Regula- tors, failed to get their clutches on him, as he had gone to visit a friend in the country. Edmund Fanning, whom the Regulators considered the chief aiithor of their troubles, was dragged by his heels out of the court-room over rough cobblestones, suffered a severe injury to one of his eyes, and v\ould probably have been murdered had he not broken loose from the mob and taken refuge in a near-by house. The Regulators next turned their attention to Fanning's residence, vdiich Avas torn to jDieces by them, after which they whipped Alexander jMartin (at a later time Governor), Captain Mi- chael Holt, Captain Thomas Hart, and other prominent citi- zens— while Francis If ash (afterwards a Brigadier-General in the Continental Army and mortally wounded at Germantown), Tyree Harris, High Sheriff of Orange, and many otliers had to take to the woods in order to escape like treatment. Later the rioters swarmed through the streets of Hillsborough and anuised themselves by breaking the windows of residences. Finding himself powerless to enforce authority. Judge Hen- derson ordered an adjournment of court and fled by night from the t0A\Ti. Next day the Regiilatoi-s again came into the court-house; and, after setting up a mock judge, got pos- session of the docket, in which they made many entries, teem- ing with billingsgate and profanity. One contemporaneous newspaper account says they even took dowii the decomposed corpse of a negro who had been hanged in chains and placed it in the seat which Henderson had vacated. A few months 106 GOVERNOR TRTON . later the dwelling and out-lioiiscs of Judge Henderson, in Granville county, were destroyed by the toi'cli of incendiaries who belonged to the Kegidating element.* As Chief Justice Howard was not in the colony when the outrages at Hillsborough occurred (September, 1770), f he could not have been "driven from the bench," as stated in the Defence of North Carolina, by Jo. Seawell Jones. The same work says: "The rioters respected the character of Judge Moore." If calling this distinguished jjcrsonage a rascal, rogue, villain, and a scoundrel, and threatening to flog or kill him if he came to hold court at Salisbury,:}: was the way in which these worthies showed their "respect," then Judge Moore did hold their respect to a most remarkable de- gi-ee ! But, serioTisly six-aking, it would seem that the Kegu- lators were really far less bitter against Chief Justice Howard than they were against Associate Justices Moore and Hen- derson ; for, when informed that, owing to the riots, no court would be hold at Salisbury, "tliey said there would have been no danger for the Chief Justice to have held a co\irt ; but, as to the Associate Justices, they were silent."§ The old Assembly having l>een dissolved by Governor Tryon, a new one met in ac^'ordance with his smmuons at New Bern on the 23d of October, 1770.1[ In this body, as •Colonial Records of N. C Vol. VIU. pp. 235-260. 202; see also, quotation from New York Gazette in Annual Register (London) for 1770, p. 231; Life and Correspondence of James Iredell. Vol. I, pp. 80. 379. t Colonial Records of N. C. Vol. VIU. p. 218. {Colonial Records of N. C. Vol. VHI. pp. 519-520. § Colonial Records of N. C, Vol. VHI. p. hii. II In the beginninrj of House Journal 1769 is erroneously given as year of meeting ; but in the general proceedings the date is given 1770, as it should be. Sec Coloni.il Records of N. C. Vol. VIII, p. 303. ct suq. OF NOKTII CAROLINA. 107 oue of the representatives from Orange county, ajipeared Hennon Husband, a chief of the EeguLators. During the progress of the session, on the 20th of December,* Mr. Hus- band was brought before the House (sitting as a Committee of the Whole, mth Colonel John Campbell of Bertie as chair- man), charged with simdiy misdemeanors, and expelled in accordance with the following resolutions : Eesolvcd, That it appears to this committee that Herman Husband, a member of the committee, is one of the people who denominate them- selves Regulators, and that he hath been a principal mover and promoter of the late riots and seditions in the county of Orange, and other parts of the province. Resolved, That it appears to this committee that a letter published in the North Carolina Gazette of the 14th of December, directed to the Honorable Maurice Jloore, Esquire, at New Bern, and signed by James Hunter, is a false, seditious, and malicious libel. Resolved, That it appears to this committee that the above named Her- man Husband was the publisher of the said libel. Resolved, That it appears to this committee that the said Herman Husband was guilty of gross prevarication and falsehood in his examina- tion before the committee of propositions and grievances relative to the said libel. Resolved, That it appears to this committee that the said Herman Hus- band hath insinuated in conversation that in case he should be confined, by order of the House, he expected down a number of people to release him. Resolved, That it is opinion of this committee that such an insinua- tion is a daring insult offered to this House, and tending to intimidate the members from a due discharge of their duty. After passing the above, further proceedings were had, as follows : •Colonial Records of N. C. Vol. VUI, pp. 330-331. 108 GOVERNOR TRYOX Resolved, Tliat the conduct of the said Herman Husband, botli as a member of this House in particular, and of the community in general, has justly incurred the contempt of this House and rendered him un- worthy of a seat in the Assembly. Resolved, That the said Herman Husband be immediately expelled from this House. Ordered, That the said Herman Husband appear at the Bar of the House, and that Mr. Speaker pronounce the said sentence — Whereupon, the said Herman Husband appeared at the Bar of the House, and Mr. Speaker pronounced the said sentence accordingly. After his expulsion from the Assembly, Mr. Husband pre- pared to return to his followers, when the Council advised Tryon that if this were allowed it might further endanger the peace of the province. Thereupon a bench-warrant was issued by Chief Justice Howard for the apprehension of Hus- band, and he was accordingly committed to the jail in New Bern.* As no evidence was then accessible to establish the charge of rioting, the prisoner was charged in the warrant with the libel on Maurice Moore. As may be supjx)sed, the Regulators were highly Incensed at the arrest of their representative, and at once gave ojjcn threats that they would go down in a body and forcibly effect his release. This caused some conccni for the safety of New Bern, and troops were ordered to be in readiness to repel the anticipated attack. That a movement on New Bern was meditated, there is little doubt. Emissaries were dispatched by the Regidators to different parts of the province to stir up further discontent and raise re-inforcemcnts. Nor was the government idle; for there was a chain of well affected counties through which the insurgents must pass. In these •Colonial Records of N. C Vol. VUI. pp. 494. 54G, et seq. OF NORTH CAROLINA. 109 Colonel John Ilinton of Wake, C-olonel ISTeedbam Brjan of Jolmston, Colonel Eichard Caswell of Dobbs, and possibly other officers, were all prepared with their regiments to inter- cept the march of the Regulators.* But, on February 8, 1771, while preparations on lx)th sides were progressing, Husband was released from jail, the grand jui-y having failed to find a true bill. The profxised movement on ISTew Bern was thereupon abandoned. But the discontented ele- ment in Orange county grew no more orderly. Proclamation after proclamation was issued by the Governor — having about as much effect as sennons would have on mud-turtles, and matters went from bad to woi-se each day. First had come a letter from Judge Moore, saying that the designs of the insurgents went further than to promote inquiry into the con- duct of civil officers, and that no legal process of any kind could be served among them.f Then the complaint from Judge Henderson was received, telling of the indignities offered him at Hillslwrough, and soon followed the news that he had been birmed out of house and home. In February, 1771, a court having been ordered to sit at Hillsborough,:!^ the following remonstrance from the Chief Justice and his associates was laid before the Governor : Sir, Your Excellency having signified to us your opinion that it is expe- dient that the Chief Justice, Associate Justices, and Attorney-General should attend the ensuing Superior Court at Hillsborough, we do ac- quaint Your Excellency that we have conferred together upon the subject, and, considering the violences committed there at the last Court, and be- ing well informed that the disturbances and the distractions in that dis- •Colonial Records ot N. C, Vol. VHI, pp. 500-501. tColonial Records of N. C. Vol. VIU, p. 192. t Colonial Records of N. C. Vol. VHI, p. 538. 110 GOVERNOE TIIYON tiict are rather increasing than declining, we submit it to Your Ex- cellency as our opinion that we cannot attend that Court with any hopes of transacting the business of it; or, indeed, with any prospect of per- sonal safety to ourselves. M. HOWARD, C. ./., M. MOORE, R. HENDERSON. JIarch 18th, 1771, New Bera. Of the continited excesses indnlgcJ in by the Regulators, Williamson, in his History of Nortli Carolina* says: ''Their demands and their violence increased at every meeting. Their success produced no reformation. They broke and trampled under foot all the bonds of civilized society, and gave reins to every disordered passion ; for vice itself, by repeated acts of violence, had changed its name and color. They prevented the Superior Court from sitting in Hills- borough, insulted the Judges, and maltreated the inhabitants. K^ot satisfied with abusing Judge Henderson at court, they burnt his stables and com on the twelfth of November, and they biirnt his dwelling-house on the fourteenth. It was no longer a question whether clerks, registers or law;^'ers should be permitted to receive more than legal fees, and sheriffs be compelled to accotmt for all the taxes they had collected. It was now to be determined whether civil government should prevail, or every man's property be exposed, without redress, to the avarice or resentment of a lawless mob." Affaii-s had finally reached that ™iint wliere it would have been not only unjustifiable, but criminal, in Governor Tryon longer to submit to the i)revailing anarchy, and this ho now realized. Under similar circumstances at the present time •History of North Carolina. Vol. H, p. 138. OF NOETJI CAEOLIXA. Ill no mob would be allowed to indidge in such excesses for half so long a period. In a message to the Council and Assembly, on the 5th of December, 1770, Tryon set forth at some length the distracted state of affairs and asked that provision be made for raising and arming a sufficient body of troops with which to march into the country of the insurgents and put an end to their lawlessness. The Council pledged its co-operation; and the lower house, if anything, seemed even more anxious to adopt measures for the suppression of the disturbances.* The latter (sitting as a Committee of the Whole, with Colonel William Hay^vood of Edge- combe as chaii-man) took the Governor's speech into con- sideration and reported its conclusions; thereupon, another conmiitte« was appointed to draw up a reply. The latter committee (composed of Maurice Moore, chairman, Joseph Hewes, Robert Howe, Edmimd Fanning, Samuel Johnston, Abner N"ash, and Cornelius Harnett) , on December 10th, sub- mitted its report, which was duly adopted. Therein it was said : "The late daring and insolent attack made on the Supe- rior Court at Hillsborough, by the people who call themselves Regulators, we hold in the utmost detestation and abhorrence. The deliberate and preconceived malice with which it Vi'as contrived, and the biiital fury Avitli which it was executed, equally bespeak them unawed by the laws of their coraitry, insensible to every moral duty, and wickedly disaffected to govei-nment itself. The dissolute principles and licentious spirit by which these people are actuated and stand united, render them too formidable for the ordinary process of law. Sensible of this, sir, we owe it to our sovereign, our constitu- * Colonial Records of N. C. Vol. VHI, pp. 2S4, 239. 306. 312. 112 GOVERNOR TRYON ents, and ourselves, to adoj^t measures at once spirited and decisive." And sncli measures (contained in a bill introduced by Samuel Johnston of Chowan, aftenvarda Governor) were adopted alx>ut a month later, on Januiy 15, 1771.* It is doubtful if so drastic a measure as this ever passed an Ameri- can Assembly. Among other things, it provided that if any persons, to the number of ten or more, should unlawfully, riot- ously, and tumultuously assemble together after the first day of the succeeding February, and should refuse to disjierse on the command of one or more magistrates or of the Sheriff, the offenders shoidd, on due conviction by a jurj', be adjudged felons and suifer death without benefit of the clergy; that it should be the duty of any sheriff to smnnion a j^osse to seize the persons of rioters so assembled, and, if any rioter should be killed in resisting arrest, the person killing him should not be held answerable to the law for such act ; that if, when the courts should convene after the first day of the following March, any j^erson or persons should assault, beat, wound, or openly threaten the Judge or other officers of the Court, hinder sheriffs in the discharge of their duties, burn or other- wise destroy any churdi, chapel, court-hovise, prison, dwell- ing, or ont-house, such person or persons, and their aiders and abettors, if duly convicted before a jury, shoidd l)c ad- judged felons and suffer death without benefit of the clergy ; that if any pereon should be presented by a grand jury for the crimes above specified and sliould evade arrest, procla- matiiiu of (Mitbnvry should issue against him, and any party thereafter slaying him should not be held ac('o\iutablc for the •Colonial Records of N. C, Vol. VIII, pp. 319. 481. OF NORTH CAROLINA. 113 deed ; that the Governor and Ctommander-in-Chief should ha%'e power to make drafts on the militia if a militaiy expe- dition should l)e found necessary, and that the cost of such expedition should be paid out of the public treasury ; that if a body of men should gather together in arms for the purpose of resisting the militaj-y forces thus ordered out, and should fail to lay down their arms and surrender when so com- manded, such men should be deemed traitors and dealt with imder the law against treason; tbat any judge in the proviuce should have power to issue wan-ants against any of the classes of offenders mentioned above, although such offenders might reside in districts other than the one wherein he was holding court ; that the Justices of every Inferior Court and the min- ister of each parish in the province should cause this act to be publicly read before the people on the second day of each court, or at least onoe every three months, during the continu- ance of this act; and that the act should continue in force for the space of one year, and no longer. The above act (Chapter I of the Laws of 1770) is some times known as the Johnston Act,, after its author, and some- times as the Riot Act. When it was sent to England to be passed upon by the authorities there, even in that country — a land where the remains of quartered Jacobites had recently been exhibited like so much meat on a spit-rack — even there, parts of this law were declared "irreconcilable with the prin- ciples of the constitution, full of danger in its operation, and imfit for any part of the British Empire."* Permission, however, was given the Carolina Assembly to continue in force such sections of the act as were not considered too severe. •Colonial Records of N. C, Vol. VUI. p. 516; Ibid., Vol. IX, p. 289. 114: GOVEENOK TETON The Regulators, no doubt believing themselves secure by reason of their nuraljers, were not at all frightened by the Johnston Act, though its passage, as might be supposed, did not put them in a very amiable frame of mind. Of their sentiments on the subject we have some knowledge from a deiwsition made in 1771 by Waightstill Avery.* It seems that, in the year mentioned, this gentleman was cajjtured at a ferry by the insurgents; and, when an inn was reached, one of their number advised him to "call for a bowl of toddy and treat the captains, for they were going to ride on to the Regulating Camp." The toddy being forthcoming at Mr. Avery's expense, he was simply detained, not being mal- treated ; but, while in the camp, he had an opportunity to get the sentiments of the insiu-gents. One of their niunbcr, Thomas Hamilton, stood in the midst of the crowd and deliv- ered himself as follows : "What basiness has Maiirice Moore to be a Judge ? He is no Judge ; he was not appointed by the King — he nor Henderson neither. They'll neitlier of them hold court. The Assembly have gone and made a Riot- ous Act, and the people are more enraged than ever. It was the best thing which could be done for the coimtry, for now we shall be forced to kill all the clerks and lawyers, and we will kill them; and I'll lx> damned if they are not put to death. If they had not made that act we might have suf- fered some of them to live. A Riotous Act ! There never was any such act in the laws of England, or any other cmiu- try but France; they brought it from France, and tlicy'U bring the Incpiisitiou next." On March 11, 1771, tlie grand jury fur the district of iS'ew •Colonial Records of N. C. VoL VHI. p. 518, ct eeq. OF NOETJI CAROLINA. 115 Bern returned sixty-two bills against different Eegiilators.* Among those indicted were Hennon Husband, James Ilnnter, James Few, Jeremiah Field, Robinson York, John Pugh, William Butler, Samuel Devinney, Rednap Howell, Ninian Hamilton, Ninian Beall Hamilton, and John Fruit. On the IStli of March, Governor Tryon began active prep- arations for the forcible reduction of the EegTilators. First he submitt<>d his proposition to the Council ;f and, in the record of this matter, the Journal says: "The board taking the same into their serious consideration, it is their unani- mous opinion that the most effectual measures to reduce the people calling themselves Regulators be pursued by raising a body of sufficient forces from the militia, and marching against them with all expedition." Both the Cbuncil and Grand Jury, upon Tryon's offer to command the colonial forces in person, were favorable to the plan, and he sent out a circular letter on the day following (March 19th), calling upon the colonels of militia for detach- ments from tlieir regiments. He also fonvarded a request to General Gage, Commander-in-Chief of the British forces in America, for two field-pieces with which to cover any fords which the Regulators might fortify. Some artilleiy (swivel- guns) the Governor already had. Going in person to Wil- mington, Tryon there made plans for raising the troops of that section, and promoted Colonel Hugh Waddell to the rank of general. Expresses to President Nelson, acting Governor of Virginia, and Governor Bull of South Carolina, were also sent, requesting that they take precautions to the end that •Colonial Records of N. C. Vol. VHI. pp. 531-532. t Colonial Records of N. C, Vol. Vm, p. 538. 116 GOVERNOE TEYON none of the insurgents should be suffered to seek shelter l^y crossing the borders into those colonies.* The plan agreed upon was that General Waddell should proceed to raise the forces of the western counties, and form a rendezvous at Salisbuiy; while Tiyon, with the eastera troops, should close in from the opposite direction. Salis- bun' had recently been occupied by a force of Regulators ; but the officer there in command of the calonial forces, Major Dobbins (who had been promoted from captain since Tryon's first expedition), succeeded in presei'ving the peace, with the aid of a detachment from Mecklenburg, marched down in great haste under Colonel Moses Alexander and Captain Thomas Polk.f Acting imder Major Dobbins on this occa- sion was Cajitain Griffith Rutlierford, who aftenvards sei-ved the colonies as a brigadier-general during the Revolution. Another captain in this force was George Henry Berger, who also became a useful Revolutionary patriot in later years. On the 23d of April, Tryon began his march from New Beni ; and, nine days later, arrived at Hunter's Lodge, in Wake county, which was appointed as the place of rendezvous for the eastern troojis. Here the forces of the vicinity, under Colonel John Hinton, awaited him, together with some addi- tional detachments from other counties. If it is allowable for history to draw on fiction, in the course of a nan-ative, it will be a pleasure for us here to pause and recall the account of a North Carolina novelist, who tells of the progress of his hero who marched from New Bern under the Governor's banner: •Colonial Records of N. C. Vol. VUI. pp. 540-642. M7-548. t Colonial Records of N. C. Vol. ViU, pp. 635. 548. OF NORTH CAEOLINA. 117 "For days and nights, and nights and davs, did they march and encamp, decamp and march again, over roads and through forests, by river and by brook ; and, as they marched, others came to swell their ranks. Sometimes the army, emerging from a dense wood, came face to face with a motley com- pany of volunteers cheering and waving their caps. Again, some quick-eyed woodsman would see afar the glinmier of arms and the cloud of dust that overhimg some detachment approaching in the distance. Thus came the re-inforcements from the counties Craven and Carteret, from Dobbs and from 'New Hanover, from Johnston and from Onslow and fi-om Wake; and the cheers were loud and long when Bullock dashed among them with his company of light-horse, when Neale s^vuiig into line with his band of sturdy riflemen, and when Moore toiled into the column with his little battery of artillery."* Though the list cannot be fully given, it will doiibtless be of interest to record the names and ranks, so far as can be learned, of the officers serving immediately under Tryon in his Alamance campaign.f Of the force under General Wad- dell mention will presently be made. The officers, so far as known, in the Governor's little army were: Lewis Henry DeRosset, Adjutant-General; Robert Campbell, Assistant Adjutant-General; Robert Howe, Quartennaster-General ; Alexander Lillington, Assistant QTiartermaster-General ; John Rutherford, Judge-Advocate-General ; Thomas Clark, Provost-Marshal-General ; Reverend James Macartney, Chap- •From "Wallannah: A Colonial Romance," by Will Loftin Har^rave. t Compiled chiefly from Tryon's Journals, Colonial Records of N. C. Vol. VIII, pp. 574- 600. 659-677; State Records of N. C, Vol. XIX. pp. 836-854. 118 GOVERNOE TEYON lain; and James Moore of I^eM^ Hanover, Colonel of Artil- lery. The colonels commanding county detachments were: John Ashe of Brnnswick, Eichard Caswell of Dobbs, Joseph Leech of Craven, William Cray of Onslow, William Thompson of Carteret, Edmnnd Fanning of Orange, Need- ham Bryan of Johnston, and John Hinton of Wake. Among officers of lesser rank were: Lieutenant-Colonels Eichard Cogdell and Abner Nash; Majors Francis Mackilwean and Eichard Clinton; Captains Christopher Xeale (Craven Ean- gers), Philemon Hawkins (Bute Light-Horse), John Patten (Beaufort), William Bullock (Governor's Body-guard of "Gentlemen Volunteer Light-Horse"), Eobert Salter (of Pitt), John Walker (New Hanover Artillery-), James Moore (of Wake), Simon Bright (of Dobbs), Francis Nash (of Orange), Nathaniel Hart (of Orange), Farquard Campbell (of Oimiberland) ; Adjutant William Burke ; Lieutenant John Baptista Ashe ; Ensign Eobert Fenner, Ensign William Bryan, and Ensign William Peyton. Captain James Moore of Wake eoimty should not be confused with Colonel James Moore of New Hanover. As Aids-de-Camp to the Governor were Captains Philemon Hawkins of the Bute Light-Horse, Isaac Edwards, William Palmer, Willie Jones, Thomas Clark (also Provost-Marshal-General), and John Malcom. The last two were appointed to succeed Edwards and Palmer, who had resignied. The Surgeons were: Thomas Cobham and Thomas Haslin. Doctors Matthewson and Powers were Surgeons' Mates. Captains Eichard Blaekledge and Thomas ILart were Commissaries, and Ensign Alexander Gillespie conmianded the Coi-^js of Pioneers. The troops under General Waddcll did not join Tryun in OF NORTH CAROLINA. H!) time to take part in the battle of Alamance. They were nse- ful, however, in completing the work of subjugation already begim. The forces commanded by Waddell were a detach- ment of artilleiy under Colonel Robert Scliaw and county detachments, officered as follows: Colonel Robert Harris (of Mecklenburg), Colonel Samuel Silencer (of Anson), Colonel William Lindsay (of Rowan), and Colonel Thomas Neel (of Tryon). Among other officers were Majors Francis Ross, Samuel Snead, and William Luckie; and Ca^Dtains Griffith Rutherford and Adam Alexander. Colonel ]\Ioses Alexander and Captain Thomas Polk acted as Commissaries ; the Reverend Mr. Terry was Chajslain, and Doctor Richards (transferred from Tryon's command) served as Surgeon.* The above lists by no means include all the officers; for, as in the 1768 exiDedition, the number of officers was far in excess of the forces they commanded. According to Governor Tryon's statement, tliere were about eleven hundred men immediately imder him, officers included, while the Regulators numbered about two thousand. The forces under General Waddell (which were not, however, in the battle) did not exceed three hundred.f In one entiy in his Journal it is said by Tryon that the Wake detachment and the Light Infantry did not join the anny before the 20th of May. This means that they did not re-join the army till May 20th, after being detailed on a special service. The records show that the ^Yake county troof)S were in seiwice at the time of the battle ;:}: and, in after years, when Richard • This list of officers is compiled cliiefly from Waddell's Journal. Colonial Records of N. C. Vol. Vni. pp. 601-608. t Colonial Records of N. C. Vol. VHI. pp. 607. 610. 677. t Colonial Records of N. C, Vol. VUI, p. 584. 120 GOVKKNOE TEYON Caswell was Governor during the Eevolution, he sent a mes- sage to the Legislature which contained a complimentary reference to Colonel Hinton of the Wake detachment (a noted patriot), whose "bravery and resolution," lx)th at Ala- mance and Moore's Creek Bridge, Caswell said he had per- sonally witnessed.* The jxisitiou of the Wake troops in the line of battle is also set forth in Martin's History of North Carolina. During the trouble with the Regulators, Bute county was apparently seriously disaffected to the govenuuent. When Colonel William Johnston ordered a muster of his regi- ment, from which to draw the small quota of fifty men, it was said that the troops broke ranks and declared for the insurgents. Shortly after this, however, a board of officers (which was appointed to investigate the matter) found that Colonel Johnston had not made proper efforts to raise the quota. Thereupon he was removed from command and suc- ceeded by Colonel Thomas Eaton.-}- jSTot desiring that Bute should be backward in I'endering the sei'vice required, one of its leading citizens, Philemon Hawkins, soon raised an effective and well armed troop of light-horse, which he tendered to the Governor. This offer was accepted, and the men of Bute rendered valiant service at Alamance, their coimnauder at one time acting as an aid-de-eamp to His Excellency. Captain Hawkins and his son, Phile- mon Hawkins, junior (the latter a courier on Tryon's staff), were later colonels in the Revolution. Colonel Benja- min Hawkins, United States Senator from North Carolina, •state Records of N. C. Vol. XH. p. 707. f Colonial Records of N. C, Vol. VIII. pp. 652, 688. 672. OF XOETII CAROLINA. 121 and Indian Agent for the Sontheni States, was another son of Tryon's Aid-de-Camp ; Avhile William Hawkins, "War Governor" of jSTorth Carolina dnring the second conflict with Great Britain in 1812, was a son of the younger Philemon. When Colonel Philemon Hawkins, jnnior, died (February 28, 1833), his obituary stated: "He belonged to a troop of cavaliy at the battle of Alamance, which was fought on the 16th of May, 1771, and for the distinction he merited on that occasion was presented by the Commander-in-Chief, Gov- ernor Ti-yon, with a beautiful rifle." We shall now give an account of the battle of Alamance, with its accompanying circ\imstances. Wlien Tryon en- camped at Hunter's Lodge,* the seat of Colonel Theophilus Hunter, about four miles south of where the city of Raleigh now stands, he remained there four days, from the 4th till the 8th of May. There was a good deal of difficulty in secur- ing the services of the troops from Wake county, many of them having to be forcibly drafted into the army, though their commander. Colonel Hinton, was imtiring in his efforts to aid the government.f Finding that he could not carry his artillery over the Granville Tobacco Path, which went in the direction of Hillsborough, Tryon had a way cleared throiigh the woods and called it Ramsgate Eoad. This road — with its name corrui^ted into "Ramcat" — is still in use near Raleigh. Marching westward from Hunter's Lodge on May 8th, Tryon and his army camped in the vicinity of Hillsborough ' As I once stated in my pamphlet biography of Colonel Joel Lane, Hunter's Lodge was a diiTerent plantation from Spring Hill, the seat of Theophilus Hunter. Jr. t State Records of N. C. Vol. XIX, pp. 838-839. 122 GOVERNOR TEYON on the next day; and, after some delay, pitched their tents, on the 14th, at Great Alamance Camp.* At Ilillslxiroug-h the Governor received an express from General Waddell, stating that a supply of ammunition coming to him from Charleston, South Carolina, had been intercepted and blown up by the Regulators, after which they had assembled in such numbers as to ciit oif his march, and he had been compelled to retreat to Salisbury.f The destruction of Waddell's am- munition train was etfected by some young nien styling them- selves "Black Boys," their faces being blacked as a disgiiise. They lived in that part of Mecklenburg which is now Cabar- rus coimty. The sviecess of this "gunpowder plot," as it was afterwards called, having deprived Tryon of the aid of his most trusted ally, he was left in a vei-y critical position to face a force which outnumbered him twofold. "Citizen against citizen," says Williamson, "the difference was gi'cat in favor of the Regulators ; but they were called together in haste, to risk their lives for a nameless something, that was hardly described or understood. The object was painted in different shapes and colors, according to the craft or imagina- tion of different leaders. The militia, well appointed, were commanded by an experienced officer. They resented the turbulence of men who had compelled them to leave their homes at a critical season of the year and they were contend- ing for the security of their possessions.":}: When the opposing forces drew near each other the Regu- lators presented another petition to Tryon, rinjuesting a re- • Colonial Records of N. C. Vol. Vni. pp. B7G-B82. t Williamson's History of N. C. Vol. U, p. 145; Colonial Records of N. C. Vol. VIII. pp. 608. 610. 622. t Williamson's History of N. C. Vol. U. p. 147. OF NORTH CAROLINA. 123 dress of grievances. Tliereupon one of His Excellency's Aids-de-Camp, Captain Malcom, was sent fonvard with the answer that both personally and ofBcially the Governor had already nsed every possible measure to quiet the disturbances and now had nothing further to ofter ; that he demanded immediate submission to the government, a promise to pay the taxes they had so long withheld, a peaceful retiu'u to their homes, and a solemn assurance that they would no longer protect persons imder indictment from a trial by the courts. One hour, he said in conclusion, would be given them in which to consider the terms offered ; and, if rejected, the consequences which followed would be attributable to them alone.* To this proposition came the dignified reply that the messenger might go back and tell Billy Tryon they defied him, and a fight was all they wanted. Even then the Governor did not resort to force, but sent a magistrate to fonnallj^ command them to disperse ; and, later still, for- warded his ultimatum by Captain Hawkins. When the above courtesies were being interchanged, both armies had been drawn uj) for action. After treating of the day preceding the battle, the historian Martin says, referring to Tryon's force: "The army moved the next morning, at break of day, without beat of drum, leaving their tents stand- ing, and their baggage wagons in the camp; one company, from the detachment of Johnston county, with such men as were not able to march briskly, remained behind, as a guard to the camp, under the orders of Colonel Bryan; the wagon horses were kept in their gears, and the whole army was •Martin's History of N. C, Vol. U, p. 280; Colonial Records of N. C, Vol. VIH, pp. 640- 642; State Records of N. C. Vol. XIX, p. 843. 124 GOVERNOR TKYOX d^a^\^l into a hollow square. At a distance of five miles from the camp, the armies being within half a mile from each other, three guns were fired, as a signal to form the line of battle, which was immediately done. The Governor's men were drawn into two hollow lines, at the distaiu'e of one hun- dred yards from each other ; the detachment of the counties of Craven and Beaufort formed the right wing of the front line, and those of the counties of Carteret and Orange the left, with the artillery in the centre ; the detachment of the county of Xew Hanover, and three companies of the county of Dobbs, foi-med the right wing of the second line, and those of the counties of Onslow and Johnston, with the rest of that of Dobbs, the left; the detachment of the county of Wake, with a troop of light-horsemen from that of Duplin, rc-in- forced the rear-guard ; the rangers covered the flanks on lioth sides, facing to the right ; the troop of light-horse, from the county of Orange, escorted the Governor; the detachment of the counties of Carteret and Onslow were directed, in case of an attack on tlie left wing, to form an angle for their re- spective lines to cover the left flank."* While encamped near Hillsborough, two officers of Tryon's anny, Captain John Walker and Lieutenant John Baptista Ashe (not Colonel John Ashe, as so many historians state), had been captured by the Begulators, tied to trees and bru- tally beaten.f Word was later brought to Tryon's camp that these gentlemen would be exposed to the fire of their own friends by being placed in front of the Regulators' line of battle. The Governor thereupon sent forward one of his • Martin's Hisloiy of N. C, Vol. H. p. 179. t State Records of N. C. Vol. XIX, pp. 844-845. 1 r^ -" - f --■ y^".'' •i-^ L r ^r I / OF NORTH CAROLINA. 125 aids to say that several Regulators, who had been captiired, were j^laced in a position of safety, and he hoped — in view of this fact — the same consideration would be shoAvn to the above officers. In answer, the proposition was made that the seven Regulators should be exchanged for Ashe and Walker. These unequal terms Tryon at first refused, but some of his officers finally persuaded him to agree, and Haw- kins rode over to receive the prisoners. The insurgents, who seem to have grown more unreasonable and fool-hardy each moment, then sent word that they would comply within an hour. This was more than Tryon could stand, and the mar- vel is that he restrained himself so long. As an ultimatum. Captain Hawkins was directed to inform the Regulators that the Governor would delay no longer; and, imless they dis- persed, they would be fired upon at once. "Fire and be d d !" was the reply. Then, says Martin (from whose history this account is largely drawn), the Governor gave the word. x\t first he was not obeyed ; and, rising in his stii'rups, he called out : "Fire ! Fire on them or on me !" This sent forth an opening volley, and the action became general. In his official report of the battle, to the Earl of Hillsbor- ough, King George's Secretary of State, Tryon wrote: "I have the happiness to inform Your Lordship that it has pleased God to bless His Majesty's arms in this province with a signal victory over the Regulators. The action began before twelve o'clock on Thursday, the IGth instant, five miles to the west- ward of Great Alamance river, on the road leading from Hillsborough to Salisbury. The loss of our army in killed, wounded, and missing amounts to about sixty men. We had but one officer killed and one dangerously woimded. The 126 GOVEKNOE TEYOK action lasted two hours; but, after about half an hour, the enemy took to tree-fighting and much annoyed the men who stood at their guns, which obliged me to cease the ai'tillery for a short time and advance the first lines to force the rebels from the covering. This succeeded, and we pursued them half a mile beyond their camp, and took many of their hoi-ses and the little provision and ammunition they left liehind them. This success I hope will lead soon to a perfect restora- tion of peace in this country; though, had they succeeded, nothing biit desolation and ravage would have sj^read itself over the country."* Of the killed, wounded, and missing, reported above, only nine were killed. The best estimate of the numliers of the Regulators arrayed at Alamance is probably that which says two thousand, tliough several contemporary accounts state that there were twice that number, including unarmed. About two months after the battle, one writer (and he vciy miich prejudiced in favor of the Regulators) says a field- piece, which was fired into the insurgents, killed one man and frightened iliree thousand seven hundred from off the ground, leaving only thre« hundred to settle the matter.f If this be true, it may be questioned whether, since the invention of gun- powder, a single shot ever caused such demoralization. The most pitiable feature of the battle we find in a report by Gideon Wright (of the then newly created county of Sur- ry), who fought under Tiyon. Wi'ight's account, as pre- served in the Moravian records, while s])eaking of the killed and wounded and of the battle in general, says "miniy had •Colonial Records of N. C, Vol. VIII. p. 609. f Colonial Records of N. C Vol. VUI, p. 647. OF NORTH CAROLINA. • 127 taken refuge in the woods," whereupon the Governor ordered the woods to be set on fire, and in consequence some of the wounded were roasted alive.* Doctor Clewell, in his excel- lent work, which reprints Wright's account, seems to infer that the killed and wounded alone were in the woods, and that the Governor's order was aimed at the woimded. As a matter of fact, these woods were swarming with riflemen, who, as Tryon's report mentions, had taken to "tree-fighting," i. e., fighting from behind trees — and were doing some execution among tlie provincial militia, when it l>ecame necessary to drive out the Regulators so engaged. After the battle, at least, it must be acknowledged that Tryon showed no dispo- sition to torture the wounded, for he had their injuries dressed by the saane surgeons who were in attendance on his ow\\ men.f Though a terrible fate awaited some of the captured Regu- lators, one of Tryon's first acts after the battle was to offer a general pardon to all parties concerned (except outlaws and prisoners) who, before the 21st of May, should suiTcuder themselves, give up their arms, take the oath of allegiance, and promise future obedience to the laws. It was later rep- resented to the Governor that, owing to bad roads and swollen streams, many Regulators would be unable to comply in time, so four successive extensions of the time were afterwards made.:}: Among those excepted from the benefit of these proclamations were the young men who destroyed General Waddell's ammunition, and several other persons, including Captain Merrill, who was later executed. 'CleweU's History of Wachovia, p. 110. t Colonial Records of N. C, Vol. X. p. 1023; State Records of N. C. Vol. XIX, p. 845, t Colonial Records of N. C. Vol. VUI. pp. 608. 611, 613, 617. 128 GOVERNUK TKYON 111 making aeknowledgiiicnts to bis army on the day after the battle, Tryon said : "The Gtjveriior, impressed with the most alTectionate sense of gratitude, gives thanks to both officers and soldiers for the vigorous and generous support they afforded him yesterday in the battle near Alamance. It is to their valour and steady conduct that he owes, under the providence of God, the signal victory obtained over the obstinate and infatuated rebels. His Excellency sympathizes with the loyalists for the brave men that fell and suffered in the action ; but, when he reflects tliat tlie fate of the constitution depended upon the success of the day, and the important service thereby rendered to their King and coimtry, he considers the loss — though at present the cause of affliction to tlieir relations and friends — as a monument of lasting glory and honour to themselves and families. "The dead to be interred at 5 o'clock this evening in front of the park of artillery. "Funeral service to be })erfonned with military honours to the deceased. "After the ceremony of prayers and thanksgiving for the signal victory it has pleased Divine Providence yesterday to grant the army over the insurgents."* In a second and more exact list of his casualties, Trj'on re- ports that, of tlie force under his c«mmand, nine were killed and sixty-one wounded. Of these there is something in the records to show names, though not quite fifty per cent, is given. f The only officer killed was the bearer of the Koyal •Colonial Records of N. C, Vol. VIU. pp. 6S4-585. t For list of names, etc., here Riven, see Colonial Recoi-ds of N. C, Vol. IX, pp. GO, 62-C4, 92-93, 129-131, 397, G94, 801-802; State Records of N. C, Vol. XVI, p. 135. OF NORTH CAEOLINA. 129 standard, Ensigu William Biyan of Craven. This gentle- man was a near kinsman of Brigadier-General William Bryan of the Revolution, and belonged to the well-known Bryan family still resident in New Bern. The King's colors dropped over his Iwdy as he fell, and he was interred with military honors along with the other soldiers slain in the action. It will be remembered that Governor Tryon in 1768 had promised that the honor of canying the standard should always be assigned to the Rowan regiment ; but, at Alamance, this could not be done, as the detachment from Rowan was then marching in General Waddell's division, which did not reach the scene of action in time to participate. So the custody of the colors remained with Craven, the Gov- ernor's home county, and Ensign Bryan gave his life in their defense. Among the wounded in Tryon's army were Ensign William Peyton (of Beaufort county), and the following non-com- missioned officers and privates: Thomas Caressy, William Fullerton, Cliarles Yeats, Isaac Reed, Henry Costin, Moses GrifSn, Benjamin Clash, Andrew Freasure, Thomas Clark, John Strange, William Gilbert, Thomas Bryant, Thomas Garnish, Daniel Pegram, James Hall, Thomas Kilpatrick, Charles Harrington, Christopher Acklin, Sweeting Bond, Thomas Tortle, James Nelson, William Lunsdale, John Neville, Thomas Kersley, and William Hiscock. Some of these were woimded more than once. Ercasure, of the artil- lery, was woimded in the ankle, and then blown up by the powder he was serving — "hoist with his o^vn petard." John Strange, one of the injured, was drowned a few months after the battle. Though not woimded, Alexander Curtis was' 130 GOVEKNOR TBYON seriously disabled by sickness contracted in this campaign. The worst hnrt man seems to have been Thomas Bryant, who was struck five times. In the proceedings of the Colonial Assembly we find a petition from Fearnaught Beasley, set- ting forth that her son was killed in the battle, but not men- tioning his given name. Similar petitions are on record from Ann Fergiison, Elizabeth Harper, and Faithy Smith, whose husbands lost their lives in the action. The given name of Mrs. Smith's hnsband (as might be supjiosed) was John, but only the surnames of the others are stated. After the fight at Alamance, not only the provincial sol- diery but also the wounded Regulators were cared for by snrgeons from the Governor's anny.* For the acconunoda- tion of those who were too badly injured to proceed on the march, a hospital was improvised by fitting up for such use the residence of Captain Michael Holt, a wealthy land owner of that section, on whose plantation the battle was fought. Captain Holt, it mil be remembered, was one of the military officers mobbed by the Eegulators in 17(i8 ; but, by the begin- ning of the Revolution (February, 1776), he had so far become reconciled to his old enemies as to go with them into the Moore's Creek campaign — being at first himself a loyalist, unlike most of Tryon's old officers. Before reach- ing McDonald's rendezvous, however, he turned back, yet was later made a prisoner of war, and taken to Philadelphia. He was finally released by order of the Continental Congress, upon a recommendation from the North Carolina Cnunuittcc of Safety, which foiuid upon investigation that "when he was fully acquainted with the intentions of the Tories, he did act- iially return home, and was the means of inducing a number • Colonial Records of N. C. Vol. X. p. 1023; State Records of N. C. Vol. XIX, p. 845. OF NOKTH CAROLINA. 131 of others to follow his example without a junction with the Scotch army."* As iUiistrative of the fact that the services of the men under Tryon at Alamance were always held in grateful remem- hrance, it is noteworthy that, while the Eevolution was at its height, appropriations were made hy the Whig Legisla- ture of North Carolina for the relief of soldiers who were suffering from injuries received while fighting against the Regulators on that occasion. f The statement has been made by the historian Martin that, out of a company of thirty men from Beaufort county, fifteen were either killed or wounded by the Regulators.:]: This, if correct, was a far gi-eater percentage than might be expected from the general result; for, in the matter of killed, the whole amiy lost only nine. But, including both killed and wounded, the statement may be true. The commander of this company of Beaufort men was Captain John Patten (not Potter, as misprinted in Martin), and his force fonued a part of the regiment of Colonel William Thompson. Cap- tain Patten afterwards won fame as a colonel of Continentals in the Revolution, as we shall hereafter take occasion to note. The loss sustained by the insurgents, in killed and wounded, is placed by Williamson at about two hundred ; Martin says upwards of twenty were killed, and many more wounded. § In view of the fact that most of the men engaged were experienced backwoodsmen and hunters, the bad niarksman- • Tour in America, by J. F. D. Smyth. VoL I. pp. 226-232; Colonial Records of N. C, VoL X. pp. 601, 828. t State Records of N. C. Vol. XVI, p. 135. J Martin's History of N. C, Vol. II, p. 276. § Williamson's History of N. C, Vol. II, p. 149; Martin's History of N. C, Vol. U, p. 275. 132 GOVEKXOE TEYON ship displayed at Alamance, particularly by the Reg-ulators, is almost incredible. As has been seen, only nine of the pro- vincial troops were killed, thou,c;li the wonnded numbered many more. In an account written from ISTew Bern to the Boston Gazette/' at the time of the battle, it was said that the bullets fired by the Regulators flew over the heads of Tryou's men b}' the tens of thousands ; and this may not be an exag- geration, as the insiu-gents were upwards of two thousand in number. The Reverend Morgan Edwards, a Baptist clergy- man, who visited Alamance and its vicinity in 1773, says the Regulators "lodged in the trees an incredible number of balls, v.'hich the hunters have since picked out and therewith killed more deer and turkeys than they killed of their antago- uists."t Though only nine of Tryon's men were slain at Alamance, the slaughter of his troops by hostile writers since that time has been something fearful. In an account quoted by Ca- ruthers, James Pugh alone is credited with killing and wounding fifteen militiamen — six more than were killed by all the Regulators together! Verily, the pen is mightier than the sword. Nor, in recording the work of extermination, should the claims of George Parsons be forgotten. Parsons, on the night before the battle, moulded twelve bullets for his rifle. In after years, however, he modestly admitted that he had killed and wounded only eleven of Tryon's men, because once his gun had "choked in loading." As the insiu'gents were not systematically enrolled, we •Colonial Records of N. C, Vol. VHI. p. 616. t Morgan Edwardi*. quotcl in David Benedict's History of the Baptist Denomination in America {edition of ISIJ). Vol. \l. p. 96, note. OF NOETH CAROLINA. 133 have no definite return of their losses, and only one or two names of the killed hare come down to lis. Robert Thomp- son is said to have been killed by Tryon personally. Of Thompson's character we shall have something to say in the next chapter. On May 17th, just after the interment of the soldiers slain at Alamance, James Few was hanged at the head of the anuy. He had been engaged in the Hillsborough riots and was under ban of outlawry therefor. Tliough far from the lunatic that historians have represented him to be, Few was of a fanatical turn religiously and believed himself raised up by the baud of God to liberate his country — a belief which greater men, as Oliver Gromwell, for example, have entertained with reference to themselves, and still not been considered maniacs. Several days after the above execution. Captain Willie Jones, with a company of horse, raided the plantation of Hcrmou Husband and there found a letter from Few, in which the wi-iter said that he had been sent by heaven to relieve the world from oppression and was to begin in North Carolina.* This paper, which gave an in- sight into the mental condition of its author, was discovered too late to influence the Governor to spare his life. As a rea- son for the immediate execution, instead of having Few tried with the other prisoners, Tryon claimed that there was great murmuring among his troops because none of the insurgents were summarily dealt with, notwitlistanding the gi-eat sac- rifice of blood and life their armed resistance and general lawlessness had caused. Without the example of such an execution, it was said, some of his men refused to go farther, • Williamson's History of N. C, Vol. II. p. 149, noU. 134 GOVERNOE TETON while others declared that they would give no quarter in the future, should another fight occur.* As it was, the proba- hility is that Few was offered a conditional pardon and re- fused it ; for, in Clewell's History of ^Vacllovia,■\ an extract is given from the comnumity diary of the Moravians, bearing date May 24, 1771, which (on the testimony of a messenger from Alamance) says : "A certain yoimg man, a fine yoimg fellow, had been captured, and, when given the alternative of taking the oath or being hanged, he chose the latter. The Governor wished to spare his life, and twice urged him to submit. But the young man refused. The messenger de- scribed how, with the rope arotmd his neck, he was urged to vield, but refused, and the Governor turned aside with tears in his eyes as the young man was swung into eternity." The old Moravian who made this entry observes: "This severity we call inliuman obstinacy !" The point connecting Few with this incident is the fact that he was the only Kcgulator hanged before June. The devastation of the plantation of William Few (father of James) was not on account of his son's con- duct, but because the father himself was chai-ged with being "very active in promoting the disturbances of the country.":}: The J^orth Carolina Assembly, however, probably did not consider this charge against the father as true, for a l>ill was later passed paying him for the property dcstroj'cd. As to James Few, mention has been made in a previous chapter of the sweet and sad romance which has floated down to us of how he was a young man engaged to Ix' married, when the •state Records of N. C. Vol. XIX, p. 845. tCleweH's History of Wachovia, p. 109. J State Records of N. C. Vol. XIX. p. 852. OF NOKTII CAROLINA. 135 wicked Fanning came upon the scene and fore^'er blasted liis life by seducing his prospective bride; and how this great sorrow made a maniac of the youthfvd lover, who thereupon arrayed himself with the Regulators in order to have a chance at the life of the man who had done him so great an injury. This tale was first printed by Caruthers and afterwards em- bellished by the matchless eloquence of Francis L. Hawks. Now, as a matter of fact, James Few was a married man; and, at his death, left a son and a daughter (twins) born February 9, 1771. During the Revolution, or just after the close of the war, his widow became the wife of a Tory, where- upon members of the Few family in Georgia (who had emi- grated from ISTorth Carolina and were all good Whigs) took his children from their mother and carried them to Georgia, where they were raised in the family of their imcle. Colonel Benjamin Few, a distinguished Revolutionary officer. In her new home, Sallie Few, a daughter of the Regiilator, mar- ried the Reverend John Garvin, originally an Englishman, who was a clergyman of the Slethodist Church in Georgia. One member of the family of Few in Georgia was the Hon- orable William Few, at one time a colonel of the Revolu- tionaiy forces of that State and later a member of the Con- tinental Congress.* The Regulator had a sou also, named William, who was one of the two children carried South for the reason above mentioned. WTiat became of the last named is not known. He may have died young. The Few family came to ISTorth Carolina from Maryland, but their original * For memoir of Colonel William Few. by Charles C. Jones, Jr.. and Few's autobiog- raphy, see Magazine of American History, November, 1381, Vol. Vn, pp. 340-3.58; portrait of Few in same, facing p. 321. 136 GOVEENOB TRTON place of residence in America was Pennsylvania, to which province they came with Penn's colonists. Whatever may be thought of the cause he espoused, the man- ner in which James Few, the Regulator, went to his death, scorning a recantation of his principles while others l^cgged for mercy, furnishes an example with but one parallel in American history. The story of his execution recalls the fate of a Confederate martyr in later years, Sam Davis of Tennessee, M'ith the lines to his memory by a Northern writer : "They offered life and freedom If he would speak the word; In silent pride he gazed aside As one who had not heard. They argued, pleaded, threatened — It was but wasted breath. 'Let come what must, I keep my trust,' He said, and laughed at death. "He would not sell his manhood To purchase priceless hope; Where kings drag down a name and crown. He dignified a rope. Ah, grave! where was your triumph? Ah, death! where was your sting? He showed you how a man could bow To doom, and stay a king!" But we must now turn from tliis long digTession and resume our narrative of tlie events wliicli followed Tryon's victory. As already stated, Few was the only person who was executed at once. But many prisoners were taken, and twelve of these were afterwards capitally convncted, though only half of this number actually suffered death. Some of OF NOKTII CAEOLINA. 137 the particulars of their trial and conviction before the Court at Hillsborough will be later given. After perusing an account of the battle of Alaniance, a faint, sorrowful voice in the heart of some anxious reader may ask : "What of Hermon Husband, the chief Regulator ? In a list of killed and wounded, infinitesinmlly meagTe though it be, sui'elv something may be foiuid to tell of his fate. That he was a man of might, full well we know; for did he not join with several hundred other patriots and drive Judge Henderson away from Hillslwrough ? And did not these self- same partiots, with no outside assistance, punish John Wil- liams upon discovering that he was guilty of practising law ? And was not William Hooper subjected to treatment scarcely less severe for a similar offense 'i And furthermore, did they not administer a well-merited chastisement to the rapacious Fanning and demolish his house, leaving not one stone above another ? Oh, Alamance ! Alamance ! — 'where tyrants con- quer'd and where heroes bled' — may thy mute rocks iind utterance in all succeeding ages to tell how this great leader fell !" And then the lamentation of the faint, soiTOwful voice dies away, and out gurgles a sigh of relief, when it is learned that the name of Mi'. Husband fails to appear among the victims of the fight. The truth is, he was not there. Like the war-steed that paweth in the valley and rejoiceth in his strength, he went forth to meet the armed men, mock- ing at fear, and was not affrighted ; but, when he smelt the battle afar off, the odor thereof reminded him of what Tip to that time he seems to have forgotten — that he was a Quaker, with conscientious scruples against carnal warfare. So, leav- ing his less pious followers to try conclusions with the hated 138 GOVEENOE TRYON Tryon, he scampered away to Pennsylvania — there to breed fresh discord after the Revolution as a participant in the Whiskey Insurrection, for which he was sentenced to be hanged, though afterwards pardoned. The name "Alamance" is supposed by some to be of Indian origin, while others contend (more correctly, perhaps) tliat it is derived from the Gotliic word Alamans — ''all men" — a term anciently applied to the federated tribes of Germany. This word, in a slightly changed form, still sur- vives in the French and German languages to signify the coimtry whose inhabitants it originally designated. The locality in iS'orth Carolina where the name occurs was settled largely by German immigrants. The creek known as the Great Alamance was the first object so called in the old county of Orange. Many years later, in 1848, the county of Ala- mance was erected by act of the Legislature, the bill for its creation being introduced by the Honorable Giles Mebane. Though some contended at the time that the name should be given a different orthograi)hy, Mr. Mebane was correct, according to old records and maps. Tryon himself spelled it as it is now written, and it is the same on the map "survey'd and drawn by O. J. Sauthiei-" in 1771, as shown by illustra- tion in the present volimie. Even at an earlier date "Great Alamance Creek" appears on a map of N^orth Carolina drawn by Captain John Collet and published by an act of the Brit- ish Parliament in 1770. In the dedication of his collection of North Carolina statutes, published in 1773, James Davis also spells it "Alamance." A different spelling, it is true — "Allemauce" — is given by Maurice Moore in his "Atticus" Idler. Great Ahuuance Creek Hows into llaw river, and one OF NORTH CAKOLINA. 139 of the tributaries of Great Alamance is another creek called the Little Alamance. The location of the battlefield of Alamance is in Alamance county, about nine miles from the jireseut town of Burlington (formerly Company's Shops), in a south-westerly direction. The spot vvhere the action took ])lace is marked by a granite monument which was dedicated on the 29th of May, 1880, when Judge Daniel G. Fowle, Colonel Thomas M. Holt (each of whom later successively became Governor of the State), Reverend Daniel Albright Long, and others delivered ad- dresses. The movement toward erecting the above memorial was inaugurated at the suggestion of Doctor Long, in an address near the battle gTound on the 4th of July, 1879. On the monument is this inscription : HERE WAS FOUGHT THE BATTLE OF ALAMANCE, MAY 16, 1771, BETWEEN THE BRITISH AND THE REGULATORS. Another side bears the date of the erection of the shaft, 1880, and there is also some emblematical ornamentation cut on the granite. 140 GOVERNOR TRYON CHAPTER VIII. TRYON COMPLETES WORK OF SUBJUGATION — SIX INSUR- GENTS HANGED AND SIX PARDONED— CAPTAIN MERRILL EXECUTED— TRYON MADE GOVERNOR OF NEW YORK, BUT TEMPORARILY REMAINS IN NORTH CAROLINA— "ATTIcrS" LETTER— CHARACTER OF ROBERT THOMPSON— DEATH OF GENERAL WADDELL— THE GILLESPIES PARTRIOTS IN THE REVOLUTION— NEARLY ALL OTHER REGULATORS TORIES— TRYON'S OLD SOLDIERS CONQUER TORY REGULATORS IN THE REVOLUTION— ALL RELIGIOUS DENOMINATIONS DIS- CLAIM REGULATORS— JAMES HASELL, ACTING GOVERNOR- GOVERNOR JOSIAH MARTIN ARRIVES— MARTIN SNUBBED BY ASSEMBLY, WHICH COMPLIMENTS TRYON— CONCLUD- ING REMARKS ABOUT TRYON'S ADMINISTRATION IN NORTH CAROLINA— ENTRANCE UPON HIS DUTIES IN NEW YORK. Though, ill rarrving on war against the insurgents, Tryon spread desolation among tlieir plantations, he issued the strictest orders for protecting the property of friendly and neutral inhabitants, hoth before and after the battle. On May 13th the following appears in his military .journal: "His Excellency having been informed that the army has com- mitted outrages on the properties of the inhabitants seated on the road, contrary to his express commands, and .scandalous and dishonourable to the ser\'ice — he does once more strictly forbid every person belonging to the army from taking or dis- turbing the i)roperty of any person whatsoever; as they will, on complaint made, receive the severest punishment the nature of the oifence deserves, besides making restitution to the person they injure." On June 1st we find the order: "The soldiers not to burn any fence rails on any account. OF NORTH CAROLINA. 141 on pain of being severely pnnished." And again, on Jnne 4th: "Any jjerson that is detected taking anything out of the gardens or hoiises of any of the inhabitants of this settle- ment or doing am^ injury to their persons and properties, shall be most severely punished." It was not until the 4th of June that General Waddell succeeded in effecting a junction vdth Tryon's army; and two days later their forces celebrated King George's birth- day and the victory of the 16th of May. The King's birth- day fell on the 4th of June, but the celebration was post- poned until the Moravian settlement was reached.* The Moravians had sent Tryon word that they held ready for his reception the same room he had occupied during his visit in 1767, and this message greatly pleased him.f After his arrival (June 3d), Ti-yon and his troops lay encamped in the town for several days. With them were many prisoners chained together. These were taken with the army for the double reason that the sight might overawe the inhabitants of the districts through which they jjassed and because there was no place of safe-keeping where they could be left till Tryon's return to Hillsborugh. At the Moravian settlement the cele- lu-ation of the King's birthday was carried out in due form with a grand military review. "The army was drilled for sev- eral hours, and the manoeuvres of the Battle of Alamance were repeated. \^dley after volley was fired, both from the mus- ketry and artillery, imtil the houses in the village trembled and shook. This display of an army of three thousand men, •Colonial Records of N. C. Vol. VIU, pp. 592-593; State Records of N. C. Vol. XIX. p. 851. tCleweU's History of Wachovia, p. UO. 142 GOVERNOR TKYON under the command of select officers, was a grand and impos- ing sight. At two o'clock the manoeuvres were finished and the army marched back to its quarters." So says the town record heretofore quoted.* After this disphiy the Governor was waited on by a committee composed of Frederick William Marshall, Jolm Michael Graff, Kichard Utley and Traugott Bagge, all leading men of the conunimity, who delivered an address, filled with expressions of loyalty and good-will, to which His Excellency made an appreciative reply. It was on the 7th of June that Tryon's forces again directed their march towards Hillsborough. The Governor himself tarried a short wliilo before following theni. While the Moravian records are of the greatest value his- torically, they also throw some light on the humorous side of the Eeg-ulation movement. Thus, on May 17th, before news of the battle had been received, we find the entry : "Old man Jarvis is loud in his threats against the Moravians for their unwillingness to take up anns against the Governor, and he declares that if the battle is decided in their favor, severe pimishment will follow for Bethabara." On May 22d, Mr. Jarvis again passed through, and "pleaded with Meyer to use his good influence with the Governor when he caaue to Wachovia. Jarvis said the Regulators would never forget the kindness if the Moravians interceded for them." Another venerable patriot seems also to liave gi-ound out words, not wisely, but too well, as the following will show: "Old man Borg, a Regulator, was in tovni to-day, making wild and excited speeches, filled with lies, and trying to stir u]) our peo- ple to take part in the troubles." Later old man Borg again •See Clewell's History of Wachovia, pp. 114-115. OF NORTH CAROLINA. 143 passed through, in search of wounded comrades; then "he said that the people in Bethabara had given him good advice, and that he intended to follow it." When some Moravians wished to see the wounded men, Mr. Borg upbraided them for their curiosity ; thereupon "three Regulators became very angTy, and replied to the old man, telling him he had no right to find fault, since he had not been near the fighting." The record 'also states that, according to reports, "the lead- ers were the first to run from the battlefield, and the common people, after resisting for a time, also fled into the forest."* On the 8th of June, General Waddell was detached with a considerable force of infantry, and some artillery (the lat- ter being composed chiefly of seamen), to enforce the sub- mission of such insurgents and suspects as had not siUTen- dered.f This step was taken upon receipt of a report that inhabitants of the counties of Mecklenburg, Tryon and a part of Eowan meditated further resistance. But neither Tryon nor Waddell met \vith any opposition after the fight at Ala- mance. That action brought the Regulators to a realization of the fact that, while His Excellency was verj' fond of issu- ing proclamations, he could sometimes resort to stronger measures, when the occasion required. After his victory at Alamance, Tryon advanced into the plantations of the prin- cipal persons implicated in the insurrection, and burned such buildings as lay in his route.:}; iVmoug the farms thus devastated was one, in a high state of cultivation, belonging to Hermon Husband. Upon his wheat fields and clover o * Cleweirs History of Wachovia, pp. 105-108. + Colonial Records of N. C, Vol. VHI, pp. 649. 674. t Colonial Records of N. C. Vol. VHI. pp. 615. 651; State Records of N. C. Vol. XIX. p. 846. 144 GOVERNOR TRYON meadows tlio soldiers grazed tlieir horses (amouuting to sev- eral Inmdreds), and a contemporaneous accoimt says tlie anny left the jjlace without a sjiear of corn, grass or herbage grow- ing, and without a house or fence standing. The plantation buildings — "though mean" — of James Hunter, who Tryon's Journal says was the general of the rebels and an outlaw, were also burned. The phrase ''though mean" is pi"obably intended to convey the idea tliat these houses were too insig- nificant to be worth biTrning, but Hunter no doubt thought that the act of destroying tlicm was even more mean. Six thousand four lumdred ami nine persons came into camp and took the oath of allegiance before the militia was disbanded ; and seven or eight hundred stands of arms were surrendered.* Under the law against treason, as laid down by the act of Assembly heretofore quoted, the jjroperty of all convicted liegidators was forfeited ; but, in the case of at least two (Merrill and Matear), the lands were restored to their fami- lies, f When the forces of Tryon and Waddell parted early in June the former returned to Hillsborough ; and, almost im- mediately after his arrival, a special Court of Oyer and Terminer was convened for the trial of ])risoners taken in the battle.:]: Over this court Chief Justice Howard pre- sided, together with Associate Justices Moore and Henderson. Twelve of the Re^lators were found guilty of treason, undi'r the act of tlie North Carolina Assembly defining lliat crime, •Colonial Records of N. C, Vol. IX. p. 78. tCoIonial Records of N. C. Vol. VHI, p. 650; Ibid.. Vol. IX, pp. 36, 65. 311. t Colonial Records of N. C. Vol. VIII. p. 650. OF NORTH CAKOLINA. 145 and were condemned to death. Those hanged were six in number: Benjamin Merrill, Robert Matear, James Pugh, and three whose names are not known. The remaining six were reprieved by Tryon, who forwarded a petition to the King, begging that a pardon be extended to them, which was accordingly done.* Those who thiis escaped the gal- lows were: Forester Mercer (Messer?), James Stewart, James Emerson, Herman Cox, William Brown, and James Copeland. The authorities in ISTorth Cai'olina evidently thought that a reprieve from the Governor was equal to the King's pardon; for, "by some strange irregularity," the pris- oners were set at liberty during Tryon's absence, and went on their way rejoicing before the royal instructions concerning them were received by Governor Martin. It has been the custom of some writers to inveigh bitterly against Governor Tryon for the execution of the Regulators, as if they were hanged merely to gratify a thirst for blood on his part. As a matter of fact, he had no more to do with these executions than the present Governor of ISTorth Carolina has with the punishment which the law imposes upon capital offenders. The Hillsborough trials were not courts-martial; they were presided over by three judges, all natives of America, and two of whom afterwards supiwrted the colonies during the Revolution. The verdicts were rendered by a jury composed of North Carolinians, acting under a law passed by the North Carolina Assembly. When several thousand men had been in open and armed insurrection against the colony, and had been guilty of all manner of excesses, only twelve were con- victed ; and the Governor pardoned half of that small num- * Colonial Records of N. C. Vol. VHI, p. 635; Ibid., Vol. IX. pp. 36-37. 274. 311. 146 GOVERNOK TKYON ber. Now, all tliis being true, it seeins rather bard that Tryon sliould be blamed because be did uot entirely nullify the findings of law and fact by fifteen North Carolinians- three judges and twelve jurymen. The place where the six Regulators suffered death is just beyond the limits of the town of Hillsborough, a few hun- dred yards in front of the residence of the late Paul C. Came- ron, and about a quarter of a mile from tlxe historic Euo rivei". In a gi"ove of many acres, filled with massive white- oaks and other survivors of the original forest, is a large slab which was placed by Mr. Cameron on the spot where the gallows stood. All around is an extensive and well-kept lawn, crossed by a slight depression, overgi-own with grass, which was once the Indian Trading Path. Everything is beautiful, serene, peaceful, \vith nothing but the music of song-birds to break the stillness, and one finds difiiculty in realizing that this lovely place was once the scene of so dis- tressing an incident as the one there presented in the ''old colony days." Were the power of sjjeech given those oaks and the stream hard by, how strange a tale would come forth ! "Old trees at night are like men in thought, By poetry to silence wrought; They stand so still and they look so wise With folded arms and half-shut eyes, More shadowy than the shade they cast When the wan moonlight on the river past; The river is green and runneth slow — We cannot tell what it saith; It kcepeth its secrets down below, And so doth Death!" The person whose fate probably excited more comjiassion than that of any other Regulator put to death, was Captain OF NORTH CAEOLINA. 147 Benjamin Merrill, ■who was an officer of militia in Rowan coimty and raised a company to join the insui'gents. He was largely instrumental in turning back the brigade of General Waddell. Afterwards he was captured by a force under Colonel Fanning, and his life paid the penalty. It is said that when he was brought out for execution, one of Tryon's soldiers was heard to declare that, if all men went to the gal- lows with a character such as Captain Merrill's, hanging would be an honorable death. On being permitted to speak, Merrill said he had been deceived concerning the objects of the revolt, for the leaders had at first assured him that the disputes were to be adjusted without bloodshed ; that after- wards he was pressed to further action by the report (which he too late found to be false and propagated to shield old offenders) that Tryon had raised the militia to lay waste the country and destroy the inhabitants ; but that now all was over, and he hoped that the multitude would profit by his miserable end when he was hung up as a spectacle before them. Concerning his private life, he declared that he knew of no charge which could be justly laid against him; that fifteen years previously he had been converted, but had since been a backslider, yet now felt that he was forgiven, and— though the halter was around his neck — he would not ex- change places with any man on the gi-ound. In conclusion, he referred feelingly to his wife and children, saying: "I entreat that no reflection may be cast upon them on my ac- coimt ; and, if possible, shall deem it as a bounty should you, gentlemen, petition the Governor and Council that some part of my estate may be spared for the widow and fatherless. It will be an act of charity; for I have forfeited the whole by the laws of God and man." 148 GOVEENOR TKYON Merrill was a Baptist ; and the old Baptist chronicler, from whose narrative we take the above, says: "All pitied him, and blamed the wicked Hunter, Gelaspie, Howell, Husband, Bntler, and others who deceived and seduced him."* (^i]itain ilerrill's dying request for the restoration of his property to his family was fomvarded to the King by Gov- ernor Tryon, who wrote Lord Secretary Hillsborough a letter, from which we take the following: "Benjamin Merrill, a Cap- tain of Militia, at the hour of his execution, left it in charge to the officers to solicit me to petition His Majesty to grant his plantation and estate to his wiie and eight children. He died imdcr a thorough conviction of his crime and the justice of his sentence, and addressed himself to the spectators to take warning by his suffering. His Majesty's indulgence to this request would, I am persuaded, be dutifully and affection- ately received by his unhappy widow and children." This restitution was accordingly made in pursuance of an order transmitted to Governor Martin by T^ird Ilillslwrough, who said: "In the last letter I received from Mr. Tryon relative to the affairs in North Carolina, and which is dated from New York, he expressed a wish that the plantation and estate of Benjamin Merrill, a Captain of Militia, and who was one of the six rebels executed on the llHli of June, may be granted to his wife and the eight children he left behind him, and I have it in command from the King to signify to you His Majesty's ])leasure that you do accordingly take the proper measures that whatever property, belonging to tlml iinhajipy person, became forfeited to the Crown by his ainviction, should be regranted to his widow and children. "f " Morgan Edwards, quoted in David Benedict's History of the Baptist Denomination in America (rditiori of 1813). Vol. U, pp. 117-U8. t Colonial Itecords of N. C. Vol. VHI. p. 6.50; Ibid.. Vol. IX, pp. 65-66. OF NOETII CAROLINA. 149 111 the Life of Caldwell * by Caruthers, there is an affect- ing tale from a Tennessee newsjiaper, in which a writer gives an aeeouiit of the death f>f Captain Messer. Bnt in justice to Doctor Canithers it shonld be observed tliat he says he never heard of it from any source other than the one quoted. This is to the effect that when Messer was about to be hanged on the day after the battle, one of his children went to Tryon and asked to lie lianged in the place of his father. ''Wlio told you to say that ?" asked the Governor. "No one," re- plied the child. "Then why do you ask ?" continued Tryon. "Because," was the answer, "if you hang my father, my mother and her children will starve." Then the account goes on to tell how the heart of the wicked Tryon was momentarily softened, and that Messer was not hanged that day, but after- wards released and sent to take Hermon Husband — the re- ward of which service should be a pardon to the captor ; how Messer failed in his effort, returned, and was executed with due formality ; and how the little boy who had pleaded for bis father's life was taken away by the Governor to act as his foot-page — \vith the addition of a few more distressing details which it is not necessary here to repeat. Altogether it makes a very dramatic narrative, but the probability is that the "Mercer" whom Tryon reported in the list of those who were pardoned was none other than this Messer. Mercer and Messer are written enough alike to cause a mistake, and the latter is a name still found in the Piedmont section of l^orth Carolina. Concerning James Pngh, Caruthers says: "When placed under the gallows, he appeared perfectly calm and composed ; •Life of Caldwell, p. 166. 150 GOVERNOR TRYON told them that he had long been ])repared to meet his God in another world ; refused to make any acknowledgment of what he had done; and requested of the Governor permission to address the people for one-half hour in his own defence. Having obtained this permission, he told them that his blood would be as good seed sown on good gTound, which would soon produce a hundredfold ; recapitulated the causes of the late conflict ; asserted that the Eegulators had taken the life of no man previous to the battle, nor had they aimed at any- thing more than a redress of their gTievances; charged the Governor with having brought an army there to murder the people instead of taking sides witli them against a set of dis- honest officers ; advised him to put away his comipt clei-ks and tax-gatherers, and be a friend of the people -whom he was appointed to govern ; but when lie told him that his friend CJolonel Fanning was not fit for the oflSce which he held, he was suddenly intermpted ; the barrel was turned over, at the instigation of Fanning, and he was launched into etei-nity before he liad finished his speech, and before the half-hour which had been promised him was expired."* According to Caruthers, nearly everything which hap- pened to the Regulators was "at the instigation of Fanning." As an instigator, the bold, bad Colonel seems to have l>een quite successful. Gommentins: upon the description of Pugh's execution as given by Doctor Caruthers, an apt comment has been made as follows : "It was tlie habit of those at the ix>riod at whicli this accoimt was written (long after the event, and the writer depending ujxm tradition or rimior for his facts), to bring Fanning in, as the suggesting fiend or active demon ■ Life of Caldwell, by Caruthers. p. 165. OF NOETII CAEOLINA. 151 when any specially dark scenes were depicted. In the first place, Fanning was the Colonel in charge of the Orange de- tachment, and with such a commander as Tryon, a thorough soldier and a stickler for forms, it would have been a serious breach of military discipline for him to leave his place and communicate with the Sheriff of the county who had the execution in charge. This Tryon would never have allowed. Again, the hanging of these men was not a lynching. They were executed in due form of law. They were drawn to the place of execution in carts or wagons, of which there were many with the army, and if any improvised platform was needed one of these was used. The probabilities, then, are all against the use of as crude a means as a barrel, particularly as Tryon, if not present at the execution, took an active inter- est in all the preliminaries."* In pronouncing sentence upon each of the condemned in- surgents. Chief Justice Howard used the form prescribed by the laws of England in cases of treason, to-wit, that the pris- oner should be carried to the place from whence he came; that he should be dra-wni from thence to the place of execution, and hanged by the neck ; that he should be cut down while yet alive ; that his bowels should be taken out and burned before his face ; that his head should be cut off ; and that his body be divided into four quarters, which were to be placed at the King's disposal. It is needless to say that the blood-curd- ling details of these sentences were never carried out. Yet in New England, where there had also been some troubles with the authorities, the newspapers seized upon the matter 'Hillsboro: Colonial and Revolutionary, by Francis Nash, p. 25. 152 GOVEENOE TETON for effect.* One of these papers, the Massachusetts Spy, contained articles signed "Leonidas" and "Mucins Seasvola," which were published after Tryon went to New York. The people of New Bern seem to have been greatly incensed at this attack on their former Governor, and held an indigna- tion meeting which ordered the offending periodical to be publicly burned by the common hangman, f Then the meet- ing proceeded to pass resolutions, reading a stately lecture to the editor (editors were called printers in those days), in which it was said : "It is certainly difficult to conceive to what a degree of iniquity a man may arrive, who, like Leonidas, has the effrontery to set truth and decency at defiance; and you, Mr. Printer, in undertaking to be the publisher of such vile calumnies, fall little short of him in point of guilt. Be it known to him, and to you, sir, that the beloved memory of Governor Tryon is, and will continue to be, deeply impressed on our grateful hearts, and we trust will be transmitted by us to our latest posterity; while the stigmatized name or Leonidas, and yours, Mr. Printer, will be consigned to that infamy justly attendant on such egi-egious calumniators." Then follows a defense of Tryon's campaign against the Regulators. This says of the course pursued by him on that occasion : "His Excellency tried every expedient that human prudence could suggest to prevail on the miscreants to lay down their arms, take the oaths to government, and surren- der up to public justice their outlawed chiefs, promising them upon such easy terms His Majesty's most gracious pardon for all their past numerous transgressions; but they rejected his offers with contempt Nay, some of the auda- •Account of the Regulation, by Dr. J. S. Bassett, in Report of the American Historical Association for 1894. p. 209. tColonial Records of N. C, Vol. X, pp. 1019-1024. OF NORTJI CAKOLINA. 153 cioiis wretches cried out to his troops : 'Fire and be damned !' Others exclaimed : 'Here's death in one hand, and no mercy in the other ! Battle ! Battle !' He then directed the Sheriff to order them to disperse, agreeable to the riot act, which the Sheriff did, but to no purpose. Yet still he forebore attack- ing them, till the hour allowed in such cases by the said act was expired ; and even then he sent an express messenger to inform them that the hour was elapsed, requiring them once more to lay down their arms and submit to the govern- ment— declaring that, in case of their refusal, he would, without further delay, fire upon them ; but they spurned his threats and contemned his admonitions, still crying out : 'Battle ! Battle !' In such situation, what could or ought His Excellency do but perform his duty (which he most gallantly did) as a brave and experienced ofBcer, by reducing to reason and proper submission a parcel of abandoned prof- ligates, who seemed to set all laws, divine and human, at defiance, and were overrunning the country with every species of rapine and violence. Yet these are the men of whom Leonidas and Mucins Sccevola, and their partisans, are advo- cates ; and dare, in their behalf, to attack and traduce one of the brightest characters on this continent." This stinging rebuke to "Mr. Printer" declared, in con- clusion, that a sight of the resolutions passed should shock his guilty soul and force him to curse the day he unhappily imdertook to make his paper the infamous vehicle of svich a detestable slander ; while "Leonidas" and "Mucins Scasvola" were admonished to pacify the Divine vengeance for their awful crime by imfeig-ned repentance and "pxiblicly asking pardon of God and the world, and of His Excellency Gov- ernor Tryon in particular." 154r GOVERNOR TRYON Of the letter signed "Lconidas," Dr. Samuel Cooper, of Boston, was supposed to have been the author. This we learn from the diai-y of Josiah Quincy, junior, who visited North Carolina in 1773. It was while with his troops at Hillsborough, in 1771, that Tryon received intelligence that he had been appointed Gov- ernor of New York. Accordingly he left his army on the 21st of June, and returned to New Bern (reaching there the 24th) to make his preparations for departure.* Before leav- ing the army, it was drawn up in two long columns, facing inward, and through these lines the Governor rode, "taking an affectionate and painful leave of those brave men, through whose spirit, obedience and attachment he had surmounted all his difficulties." His "After Orders," for the disposition of his army, were as follows : "His Excellency having received at Hillsborough camp His Majesty's commands to repair immediately to New York to take upon him the government of that province, he cannot quit this army without a particular and sincere acknowledg- ment to the officers and men for the steady and uniform con- duct they have observed throughout the campaign. He will embrace the first opportunity to represent to His Majesty the important services that through their zeal and bravery they have rendered to their King and country. "Colonel Ashe will take command of the army and march with them to Colonel Bryan's (excepting the Wake detach- ment, which will be discharged at Hunter's), from whence the several detachments will march under the command of their respective commanding othccrs to their particular coun- • Colonial Records of N. C, Vol. VUI. pp. 650. 675; Ibid., Vol. XIX. pp. 853. 864. OF NOKTII CAROLINA. 155 ties and be there discharged. The Commissary will supply the anny with provisions as usual until they get to Colonel Bryan's and then furnish the commanding officers of the several detachments with a sufficient quantity to serve them to their respective homes. The whole of tlie artillery and ammunition to be escorted from Colonel Bryan's to New Bern by the. detachment under the coimnand of Colonel Leech." Probably the most laughable mishap which occurred dur- ing Tryon's campaign was near the Yadkin river, after the battle.* It seems that several hundred horses were turned loose at night to gi-aze, each having tied to his neck a bell, intended to aid in finding any which might stray. Near their pasture was a garden containing some bee-hives, from which several soldiers attempted to steal honey. In the dark- ness the hives were overturned and the bees began stinging the horses, which thereupon set out at a full gallop for the near-by camp, demolishing fences as they went, and carry- ing with them their hundreds of discordant bells, which made night hideous. The outer sentinels at once fired their pieces, and the cry to arms rang through camp, for it seemed that all the Kegiilators in Carolina had joined in this furious night attack. But soon the cause of the dis- turbance became known, and quiet reigned once more. After Tryon left North Carolina and had been installed as Governor of New York, Judge Maurice Moore fired a farewell shot at him, under the pseudonym of "Atticus," in a letter of which the following is a copy : •state Records of N. C, Vol. XIX, p. S49. 156 GOVEKNOK TRYON To His Excellency William Tryon, Esquire. 1 am too well acquainted with your character to suppose you can bear to be told of your faults witli temper. You are too much of the soldier, and too little of the philosopher, for reprehension. With this opinion of Your Excellency, I have reason to believe that this letter will be more serviceable to the province of New York, than useful or enter- taining to its governor. Tlie beginning of your administration in tliis province was marked with oppression and distress to its inhabitants. These, sir, I do not place to your account; they are derived from higher authority than yours. You were, however, a dull, yet willing instrument, in the hands' of the British ministiy, to promote the means of both. Y'ou called to- gether some of the principal inhabitants of your neighbourhood, and in a strange, inverted, self-afi'ecting speech, told them you had left j-our native country, friends, and connexions, and taken upon yourself the government of North Carolina with no other view than to serve it. In the next breath, sir, you advised them to submit to the Stamp Act, and become slaves. How could you reconcile such baneful advice with such friendly professions? But, sir, self-contradictions with you have not been con- fined to words only; they have been equally extended to actions. On other occasions you have played the governor with an air of greater dig- nity and importance than any of your predecessors; on this, Your Excellency was meanly content to solicit the currency of stamped paper in private companies. But, alas! ministerial approbation is the first wish of your heart; it is the best security you have for your office. Engaged as you were in this disgraceful negotiation, the more impor- tant duties of the governor were forgotten, or wilfully neglected. In murmuring, discontent, and public confusion, you left the colony com- mitted to j'our care, for near eighteen months together, without calling an assembly. The Stamp Act repealed, you called one; and a fatal one it was! Under every influence your character afforded you, at this as- sembly, was laid the foundation of all the mischief which has since befallen this unhappy province. A grant was made to the Crown of live thousands pounds, to erect a house for the residence of a governor; and you, sir, were solely entrusted with the manugeini'iit, of it. The infant and impoverished state of this country could not alVord to make such a grant, and it was your duty to have been acquainted with the circumstances of the colony you governed. This trust proved eipially OF NOETII CAEOLINA. 157 fatal to the interest of the province and to Your Excellency's honour. You made use of it, sir, to gratify your vanity, at the expense of both. It at once afforded you an opportunity for leaving an elegant monument of your taste in building beliind you, and giving the ministry an in- stance of your great influence and address in your new government. You, therefore, regardless of every moral, as well as legal obligation, changed the plan of a province-house for that of a palace, worthy the residence of a prince of the blood, and augmented the expense to fifteen thousand pounds. Here, sir, you betrayed your trust, disgracefully to the governor, and dishonourably to the man. This liberal and ingen- ious stroke in politics, may, for all I know, have promoted you to the government of New York. Promotion may have been the reward of such sort of merit. Be this as it may, you reduced the next assembly you met to the unjust alternative of granting ten thousand pounds more, or sinking the five thousand they liad already granted. They chose the former. It was most pleasing to the governor, but directly contrary to the sense of their con.stituents. This public imposition upon a people, who, from poverty, were hardly able to pay the necessary ex- penses of government, occasioned general discontent, which Y'our Ex- cellency, with wonderful address, improved into a civil war. In a colony without money, and among a people almost desperate with distress, public profusion should liave been carefully avoided; but un- fortunately for the country, you were bred a soldier, and have a natural, as well as acquired fondness for military parade. You were entrusted to run a Cherokee boundary about ninety miles in length; this little service at once afforded you an opportunity of exercising your military talents, and making a splendid exhibition of yourself to the Indians. To a gentleman of Your Excellency's turn of mind, this was no un- pleaslng prospect; you marched to perform it, in a time of profound peace, at the head of a company of militia, in all the pomp of war, and returned with the honourable title, conferred on you by the Cherokees, of Great Wolf of North Carolina. Tiiis line of marked trees, and Your Excellency's prophetic title, cost the province a greater sum than two pence a head, on all the taxable persons in it for one year, would pay. Your next expedition, sir, was a more important one. Four or five hundred ignorant people, who called themselves Regulators, took it into their heads to quarrel with their representative, a gentleman honoured with Your Excellency's esteem. They foolishly charged him with every 158 GOVERNOE TEYON distress they felt; and, in revenge, shot two or three musket balls through his house. They at the same time rescued a horse which had been seized for the public tax. These crimes were punishable in the courts of law, and at that time the criminals were amenable to legal process. Your Excellency and your confidential friends, it seems, were of a different opinion. All your duty could possibly require of you on this occasion, if it required anything at all, was to direct a prosecu- tion against the offenders. You should have carefully avoided becom- ing a party in the dispute. But, sir, your genius could not lie still ; you enlisted yourself a volunteer in this service, and entered into a nego- tiation with the Regulators which at once disgraced you and en- couraged them. They despised the governor who had degraded his own character by taking a part in a private quarrel, and insulted the man whom they considered as personally their enemy. The terms of accom- modation Your Excellency had offered them were treated with con- tempt. What they were, I never knew. They could not have related to public offences; these belong to another jurisdiction. All hopes of settling the mighty contest by treaty ceasing, you prepared to decide it by means more agreeable to your martial disposition, an appeal to the sword. You took the field in September, 1768, at the head of ten or twelve hundred men, and published an oral manifesto, the substance of which was that you had taken up arms to protect a superior court of justice from insult. Permit me here to ask you, sir, why you were ap- prehensive for the court? Was the court apprehensive for itself? Did the judges or the attorney general address Y'our E.xeellency for pro- tection? So far from it, sir, if these gentlemen are to be believed, they never entertained the least suspicion of any insult, unless it was that whicli they afterwards experienced from the undue influence you offered to extend to them, and the military display of drums, colours, and guards, vnth which they were surrounded and disturbed. How fully has your conduct, on a like occasion since, testified that you acted in this instance from passion, and not from principle! In September, 1770, the Regulators forcibly obstructed the proceedings of Hillsborough Superior Court, obliged the ollicers to leave it, and blotted out the re- cords. A little before the next term, wlien their contempt of coiirls was suUicieutly proved, you wrote an insoh-nt letter to the judges and attorney general, commanding tliem to attend it. Why did you not protect tlie court at this time? Vou will blush at the answer, sir. The conduct OF NOETJI CAKOLINA. 159 of the Regulators at the preceding term made it more than prohable that these gentlemen would be insulted at this, and j'ou were not unwill- ing to sacrifice them to increase the guilt of your enemies. Your Excellency said that you had armed to protect a court. Had you said to revenge the insult you and your friends had received, it would have been generally credited in this country. The men, for the trial of whom the court was thus extravagantly protected, of their own ac- cord squeezed through a crowd of soldiers and surrendered themselves, as they were bound to do by their recognizances. Some of these people were convicted, fined, and imprisoned; which put an end to a piece of knight-errantry, equally aggravating to the populace and burthensome to the country. On this occasion, sir, you were alike successful in the diffusion of a military spirit through the colony and in the warlike exhibition you set before the public; you at once disposed the vulgar to hostilities, and proved the legality of arm- ing, in cases of dispute, by example. Thus warranted by precedent and tempered by sympathy, popular discontent soon became resentment and opposition; revenge superseded justice, and force the laws of the coun- try; courts of law were treated with contempt, and government itself set at defiance. For upwards of two months was the frontier part of the country left in a state of perfect anarchy. Your Excellency then thought lit to consult the representatives of the people, who presented you a bill which you passed into a law. The design of this act was to punish past riots in a new jurisdiction, to create new offences and to secure the collection of the public tax; which, ever since the province had been saddled with a palace, the Regulators had refused to pay. The jurisdiction for holding pleas of all capital offences was, by a former law, confined to the particular district in which they were com- mitted. This act did not change that jurisdiction; yet Your Excel- lency, in the fullness of your power, established a new one for the trial of such crimes in a different district. Whether you did this through ignorance or design can only be determined in your own breast; it was equally violative of a sacred right, every British subject is entitled to, of being tried by his neighbours, and a positive law of the province you yourself had ratified. In this foreign jurisdiction, bills of indictment were preferred and found, as well for felonies as riots, against a number of Regulators; they refused to surrender themselves within the time limited by the riot act, and Your Excellency opened your third campaign. These 160 GOVERNOR TEYON indictments charged the crimes to have been committed in Orange county, in a distinct district from that in which the court was held. The superior court law prohibits prosecution for capital offences in any other district than that in which they were committed. What dis- tinctions the gentlemen of the long robe might make on such an occasion, 1 do not know; but it appears to me those indictments might as well have been found in Your Excellency's kitchen; and give me leave to tell you, sir, that a man is not bound to answer to a charge that a court has no authority to make, nor doth the law punish a neglect to perform that which it does not command. The riot act declared those only outlawed who refused to answer to indictments legally found. Those who had been capitally charged were illegally indicted, and could not be outlaws; yet Your Excellency proceeded against them as such. I mean to expose your blunders, not to dofond their conduct; that was as inso- lent and daring as the desperate state your administration had re- duced them to could possibly occasion. I am willing to give you full credit for every service you have rendered this country. Your active and gallant behaviour, in extinguishing the flame you yourself had kindled, does you great honour. For once your military talents were useful to the province, you bravely met in tlic field, and \anq>iished, an host of scoundrels whom you had made intrepid by abuse. It seems difficult to determine, sir, whether Your Excellency is more to be ad- mired for your skill in creating the cause, or your bravery in suppress- ing the effect. This single action would have blotted out forever half the e\Tls of your administration; but alas, sir, the conduct of the general after his victory was more disgraceful to the hero who obtained it than that of the man before it had been to the governor. Why did you stain so great an action with the blood of a prisoner who was in a state of in- sanity? The execution of James Few was inhuman; that miserable wretch was entitled to life till nature, or the laws of his country, de- prived him of it. The battle of the Allemance was over; the soldier was crowned with success, and the peace of the province restored. There was no necessity for the infamous example of an arbitrary execu- tion, without judge or jury. I can freely forgive you, sir, for killing Robert Thompson at the beginning of the battle; he was your prisoner, and was making his escape to fight against you. The laws of self- pre.servation sanctioned the action, and justly entitle Your Excellency to an act of indemnity. 03? NORTH CAEOLINA. 161 The sacrifice of Few, under its criminal circumstances, could neither atone for Ids crime nor abate j-our rage; this task was reserved for his unhappy parents. Your vengeance, sir, in this instance, it seems, moved in a retrograde direction to that proposed in the second com- mandment against idolaters; you visited the sins of the child upon the father, and, for want of the third and fourth generation to extend it to, collaterally divided it between brothers and sisters. The heavy affliction, with which the untimely death of a son had burthened his parents, was sufficient to have cooled the resentment of any man whose heart was susceptible of the feelings of humanity; yours, I am afraid, is not a heart of tliat kind. If it is, why did you add to the distresses of that family? Why refuse the petition of the town of Hillsborough in favour of them, and unrelentingly destroy, as far as you could, the means of their future existence? It was cruel, sir, and unworthy a soldier. Your conduct to others after your success, whether it respected person or property, was as lawless as it was unnecessarily expensive to the colony. When Y'our Excellency had exemplified the power of govern- ment in the death of a hundred Regulators, the survivors, to a man, be- came proselytes to government; they readily swallowed your new- coined oath, to be obedient to the laws of the province, and to pay the public taxes. It is a pity, sir, that, in devising this oath, you had not attended to the morals of those people. You might have easily re- strained every criminal inclination, and have made them good men, as well as good subjects. The battle of the Allemance had equally dis- posed them to moral and to political conversion; there was no necessity, sir, when the people were reduced to obedience, to ravage the country or to insult individuals. Had Y'our Excellency nothing el.se in view than to enforce a sub- mission to the laws of the country, you might safely have disbanded the army within ten days after your victory; in that time the chiefs of the Regulators were run away, and their deluded followers had returned to their homes. Such a measure would have saved the province twenty thousand pounds at least. But, sir, you had farther employment for the army; you were, by an extraordinary bustle in administering oaths, and disarming the country, to give a serious appearance of rebellion to the outrage of a mob ; you were to aggravate the importance of your own ser- vices by changing a general dislike of your administration into disaffec- 162 GOVEENOK TKYON tion to His Majesty's person and government, and tlie riotous conduct, that dislike had occasioned, into premeditated rebellion. This scheme, sir, is really an ingenious one; if it succeeds, you may possibly be re- warded for your serv'ices with the honour of knighthood. From the 16th of May to the 16th of June, you were busy in securing the allegiance of rioters, and le\'ying contributions of beef and flour. You occasionally amused yourself with burning a few houses, treading down corn, insulting the suspected, and holding courts-martial. These courts took cognizance of civil, as well as militaiy offences, and even extended their jurisdiction to ill-brecding and want of good manners. One Johnston, who was a reputed Regulator, but whose greatest crime, I believe, was writing an impudent letter to your lady, was sentenced, in one of these military courts, to receive five hundred lashes, and re- ceived two hundred and fifty of them accordingly. But, sir, however exceptionable your conduct may have been on this occasion, it bears lit- tle projjortion to that which you adopted on the trial of the prison- ers you had taken. These miserable wretches were to be tried for a crime made capital by a temporary act of assembly, of twelve months duration. That act had, in great tenderness to His Majesty's sub- jects, converted riots into treasons. A rigorous and punctual execution of it was as unjust as it was politically unnecessary. The terror of the examples now proposed to be made under it was to expire, with the law, in less than nine months after. The sufferings of these people could there- fore amount to little more than mere punishment to themselves. Their ofl'ences were derived from public and from private impositions; and they were the followers, not the leaders, in the crimes they had com- mitted. Never were criminals more justly entitled to every lenity the law could afford them; but, sir, no consideration could abate your zeal in a cause you had transferred from yourself to your sovereign. You shamefully exerted every influence of your character against the lives of these people. As soon as you were told that an indulgence of one day had been granted by the court to two men to send for witnesses, who actually established their innocence and saved their lives, you sent an aide-de-camp to the judges and attorney general, to acquaint them that you were dissatisfied with the inactivity of their conduct, and threatened to represent them unfavourably in England if they did not proceed with more spirit and despatch. Had the covirt submitted to in- fluence, all testimony on the part of the prisoners would have been ex- OF NOETil CAliOLINA. 163 eluded; they must have been condemned, to a man. You said that your solicitude for the condemnation of these people arose from your desire of manifesting the lenity of government in their pardon. How have your actions contradicted your words ! Out of twelve that were con- demned, the lives of six only were spared. Do you know, sir, that your lenity on this occasion was less than that of the bloody JeHries in 168-5 Y He condemned five hundred persons, but saved the lives of two hun- dred and seventy. In the execution of the six devoted offenders, Your Excellency was as short of General Kirk in form, as you were of Judge Jeffries in lenity. That general honoured the execution he had the charge of with phiy of pipes, sound of tnunpets, and beat of drums; you were content with the silent display of colours only. The disgraceful part you acted in this ceremony, of pointing out the sjjot for erecting the gallows, and clear- ing tlie field around for drawing up the army in form, has left a ridiculous idea of your character behind you, which bears a strong resemblance to that of a busy undertaker at a funeral. This scene closed Your E.xeellency's administration in this country, to the great joy of every man in it, a few of your own contemptible tools only ex- cepted. Were I personally Your Excellency's enemy, I would follow you into the shade of life, and show you equally the object of pity and contempt to the wise and serious, and of jest and ridicule to the ludicrous and sarcastic. Truly pitiable, sir, is the pale and trembling impatience of your temper. No character, however distingiiished for wisdom and vir- tue, can sanctify the least degree of contradiction to your political opin- ions. On such occasions, sir, in a rage, you renounce the character of a gentleman and precipitately mark the most exalted merit with every disgrace the haughty insolence of a governor can inflict upon it. To this unhappy temper, sir, may be ascribed most of the absurdities of your administration in this country. It deprived you of every assistance men of spirit and abilities could have given you, and left you, with all your passions and inexperience about you, to blunder through the du- ties of your office, supported and approved by the most profound ignor- ance and abject servility. Your pride has often exposed you to ridicule, as the rude petulance of your disposition has to contempt. Your solicitude about the title of Her Excellency for Mrs. Tryon, and the arrogant reception you gave to 164 GOVEKNOE TEYON a respectable company at an entertainment of your own making, seated witli your lady by your side on elbow-chairs, in the middle of the ball- room, bespeak a littleness of mind which, believe me, sir, when blended with the dignity and importance of your office, renders you truly ridicu- lous. High stations have often proved fatal to those who have been pro- moted to them; yours, sir, has proved so to you. Had you been con- tented to pass through life in a subordinate military character, with the private virtues you have, you might have lived serviceable to your country and reputable to yourself; but, sir, when, with eveiy disquali- fying circumstance, you took upon you the government of a province, though you gratified your ambition, you made a sacrifice of yourself. Yours, &c., Attictjs. In caustic style and elegant invective the above letter would be difficnlt to equal. Yet some of the criticisms come with poor grace from Judge Moore. The act he ridicules for converting riots into treasons was passed by an Assembly in which he himself was a leading member ; furthermore, he was chairman of a legislative committee which recommended measures against the Regulators "at once spirited and deci- sive," and it was probably this recommendation which caused the Johnston Act to be introduced and passed.* The same committee, through Chairman Moore, gave voice to regrets nothing short of lamentations on the "afflicting occasion" of Tryon's purposed departure from the province in 1770, de- plored the "ill-fated means" which would cause North Caro- lina to lose his services, and made tlie "warmest return of gratitude and respect" for the "well-known benevolence of his disposition and friendly concern for tlie welfare of man- kind." If the first campaign against the Regulators were simply a costly display to gi-atify Tryon's vanity — "a piece •Colonial Records of N. C, Vol. VIH. pp. 311-313. OF NORTH CAROLINA. 165 of knight-errantry equally aggravating to the populace and burthensome to the country" — it is strange that Mr. Moore, in his military capacity, deemed it his duty to go into that expedition. He was an officer in the Governor's army, and could not have been ordered out against his will; for, as Tiyon officially announced before the troops at Salisbury, only volunteers were desired. Concerning the disturbances of 1768, he tells the Governor: "All your duty could possibly require of you on this occasion, if it required anything at all, was to direct a prosecution against the offenders." Yet Orange county in 1768 was far more turbulent than was Rowan in March, 1770, when Moore complained to Tryon that no legal process of any kind could be there executed. And if the Governor were a bloody Jeffries for allowing to be even partly carried out the sentences of the Court assembled at Hillsborough, certainly a Justice of that Court should be slow to cast reproach u^Mn him for it. But when Judge Moore, in this "Atticus" letter, declared that he could freely forgive the Governor for killing Robert Thompson, that asser- tion no doubt came with all sincerity from the depths of his soul : for Mr. Thompson it was who had harangued the Regu- lators in a speech wherein he denounced Moore as a rascal, rogiie, villain, and a scoundrel; and said that, while acting as Judge, the latter had attempted to cheat him out of his landed possessions for the benefit of a counter-litigant to whom he was partial.* And this Thompson, by the bye, who was hand in glove with Regulators of the most rabid variety — • men who openly advocated the indiscriminate assassination of public officials — this Thompson is the same whose blessed •Colonial Records of N. C. Vol. VHI, p. 520. 166 GOVEENOK TKYON memory as a peace-maker is tluis preserved by Doctor Hawks in an accoimt of the battle of Alamance: "Among other peaceful men who passed to and fro, in the good work of con- ciliation, was Robert Thompson, a man deservedly beloved and respected for his in-eproaehable character. He was without arms, and was not one of the Regulators."* While treating of the War of the Regulation, it may be well to speak of three aspects which thus far we have omitted to mention: first, the part later borne in the Revolution by the men who fought against the Regulators ; second, the part borne in the Revolution by the Regulators themselves ; third, the religious character of those engaged in the revolts of 1768 and 1771. Tryon himself was an ardent and active Royalist in the Revolution, as was also Edmund Fanning; and almost all members of the Governor's Council, in North Carolina, sym- pathized witli Great Britain. With these exceptions, nearly every officer of note in the army under Ti-yon, at Alamance, went heart and soul into the struggle for freedom during the Revolution ; and, were the names of this galaxy of patriots omitted from the annals of the fight for indejjendence, little material would be left for the historian of that epoch in North Carolina. Though he little realized it at the time, Tryon gave practical instruction in the art of war to a set of apt pupils who would soon make use of their knowledge in a way not much to his liking. One of these, Robert Howe, marched at the head of a Continental Reaiment in December, 1775, to the assistance of Virginia, aided in the operations against Lord Dunmore (though too late for the fight at Great • Hawks, Graham, and Swain Lectures on the Revolutionary History of North Caro- lina, p. 33. OF NORTH CAEOLINA. 167 Bridge), was formally thanked for his services by the Vir- ginia House of Burgesses, and afterwards rose to the rank of Major-General in the Continental army ; Francis Nash, another of Tryon's pupils, became a Brigadier-General, first served against Sir Henry Clinton in South Carolina and afterwards joined Washington, under whom he fell while fighting at Gennantowu in 1777 ; James Moore, likewise a Brigadier-General of Continentals, was a splendid type of soldier, whose untimely death by sickness, early in the war, lost to North Carolina a patriotic and fearless defender ; John Walker, whom the Regulators treated with such brutality, while a prisoner, distinguished himself as an officer of the Line, and was an aid-de-cami3 to General Washington ; John Baptista Ashe, whom the Regulators maltreated with Walker, was Lieu- tenant-Colonel of Continentals, and also Governor-elect at the time of his death ; Thomas Clark, a Brevet Brigadier-General of Continentals in the Revolution, had also served imder Tryon ; then there were Generals Griflith Rutherford, Alexander Lil- lington, John Ashe, and Richard Caswell, all of whom held commissions in either the State or the Continental forces. Caswell was likewise Governor during the war ; as also were Abner Nash, and Willie Jones (acting), while Alexander Mar- tin, whom the Regulators "severely whipped" at Hillsborough, was Governor for several terms, besides having served as a Colonel in the Continental Line. John Patten, whose Beau- fort county men fought so desperately at Alamance, entered the American army at the outbreak of the Revolution and remained to its close in 1783, when he was Colonel of the Second Continental Regiment. In the years l777-'78-'79 he was in the principal battles fought by Washington in the 1G8 GOVEENOK TEYON North ; and, in 1780, was serving under General Lincoln in Charleston when that city was beleaguered and captured by Sir Henry Clinton. For some time after that he was a prisoner of war. His name is often misspelled Patton in the records. Besides the above officers of Tryon's army, let us recall such names as Polk, Phifer, and Alexander of Mecklenburg; Hinton of Wake ; Cogdell, Bryan, aiid Leech of Craven ; Bryan of Johnston ; Osborne, Montgomery and Dobbins of liowan ; Clinton of Duplin ; Hawkins of Bute ; Fenuer of Halifax; Mebane, Lytle, and Thackston of Orange; Salter of Pitt ; Cray of Onslow ; Spencer of Anson, and hosts of others — all these aided in suppressing the mob violence aimed at North Carolina by the Regulators; and these, too, again stood by the old State in her hour of need, when those selfsame Regulators united with the troops of King George in endeav- oring to effect her subjugation in the dark hours of the Revo- lution. Besides these we should take into consideration the civil services of such gi-eat Revolutionary patriots as William Hooper, Cornelius Harnett, Samuel Johnston, and others of like character, who, either in the Assembly or in the courts, were active supporters of Tryon's administration when it was opposed by the Regulators. Even the idtra-democratic John Harvey seems to have been most friendly in liis disposition towards the Governor,* though many times has his name been cited by historians as a leader of opposition to govern- ment measures during the insurrections of 17C8-'71. If the Regulators were patriots, and Tryon, while operating against them, was playing the part of a tyrant, tlien the above men • Colonial Records of N. C, Vol. VIII. pp. C97-C98. or NORTH CAROLINA. 169 were either the tools or the dupes of a tyrant ; and Noiili Carolina can ill afford to make this charge against her brave sons who, during seven long years, fought, starved, and shed their blood in her defense. While the above names are being recorded a feeling of sad- ness is awakened that General Hugh Waddell no longer figures in our narrative. In the prime of a vigorous manhood, yet old in the school of war, this great soldier passed away in 1773— "Like a summer-dried fountain, When our need was the sorest." In the French and Indian War, during the administration of Governor Dobbs, he had served with great distinction ; had proved his devotion to ISTorth Carolina by resisting the earlier parliamentary encroachments of Great Britain, and again by volunteering against the faction which destroyed the col- ony's domestic tranquility : yet just on the eve of the Kevolu- tion, when his splendid talents would have found a wider and more useful field, death sounded the final roll-call, and his long service was at an end. His life has been most fittingly portrayed in a volume of biography which is the work of one of his many gifted descendants. Honorable Alfred Moore Waddell. From General Waddell also sprang the noted North Carolina lawyer, Hugh Waddell, and Com- mander James Iredell Waddell, an officer in both the United States and Confederate States Navies, whose cruiser, the Shenandoah, was the only vessel which ever carried the flag of the Southern Confederacy around the world, and which, in the number of prizes captured, ranked second only to the far-famed Alabama. 170 GOVEBNOE TEYON But, calling a halt on this digression, we miist now return to the subsequent history of the Regulators. For some time after they were routed at Alamance, these jiersons were kept busy endeavoring to secure pardons for their partici- pation in the uprising. "Either through friends or in per- son," says an account we have already quoted, ''Jeremiah Field, Ninian Bell Hamilton, Matthew Hamilton, James Hunter, Thomas Welborn, William Butler, and John Fruit petitioned the Governor for pardon."* To do Hunter full justice, however, it must be said that his neighbors were far more solicitous for his safety than he himself was. After an absence of about ten months, he returned to his old home; and, on all occasions, appeared in public as if he had nothing to fear. In holy horror, on March 8, 1772, Governor IMartin wrote the Earl of Hillsborough that it was with the utmost concern that he had the honor to inform His Lordship that Hunter, the outlawed ring-leader of the insurgents, had made his appearance publicly at the Inferior Court lately held in Guilford county, and that the magistrates, sitting in their judicial capacity, and armed with all the powers of the laws, though repeatedly moved to order him to be apprehended, had shamefully suffered him to brave the offended justice of his coimtry with impunity, and to depart at leisure and without notice.f Later in this letter, Martin says : ''Hunter is a most egregious offender. He was the leader of the insurgents in arms, was called their general, and has ap- peared from the beginning a ring-leader in sedition. He is said to have a better capacity than his associates, who * Account of the Regulation, by Dr. J. S. Bassett, in Report of the American Historical Association for 1S9-1. p. 207 (citing authorities), t Colonial Records of N. C. Vol. IX. pp. 268-269. OF NORTH CAEOLINA. 171 pay him implicit obedience and treat liim with a respect savouring- of enthusiastic reverence. He received, among other of these gi-aceless wretches, the King's pardon for trea- sons and violences committed in the year 1768 ; and yet seems, like them, hardened rather than reclaimed, by His Majesty's most gi-acious indulgence." Hunter not only had the temer- ity to appear at court, but he also appeared in person before Governor Martin himself, when the latter passed through Guilford county in 1772.* Along with some otber Regu- lators, he visited His Excellency to apply for a pardon, and seems to have made quite an impression upon the there- tofore irate Chief Executive. Somewhat more moderate is a second letter from Martin to Lord Hillsborough, giving an accoimt of the interview, which says that he reprehended Hunter for his defiance of a Court of Justice by appearing in the face of it, while he stood in so criminal a state, with any other design than to render himself up. To this reproof, says Martin, Hunter submissively replied that, if he had offended by so doing, it was innocently and ignorantly, and that he heartily asked pardon for it. After his observations concerning Hunter, Goveimor Martin sets forth a scathing arraignment of the county oflicers, saying that his progress through the scenes of the recent disturbances had completely opened his eyes with reference to the ills to which the people had recently been subjected — that now he could clearly see that they had been provoked by the insolence and oppression of a set of mercenary attorneys, clerks and other petty officers, who first brought down upon themselves the resentment of the inhabitants, and then worked up the government in their •Colonial Records of N. C. Vol. IX. pp. 313. 329. 172 GOVEENOE TEYON own defense by representing that the vengeance which the wretched people, in folly and madness, aimed at their oppres- sors, was directed against the constitution or government itself. Martin adds that since becoming acquainted with the barba- rism and profound igiiorance of these oppressed and wretched people, all of his indigiiation had been melted into pity. In December, 1771, the Assembly petitioned Governor Martin to grant a general pardon to all persons concerned in the recent insun-ection, except Hemion Husband, Eednap Howell, and William Butler, whose crimes the petitioners declared were too atrocious to merit any degi'ee of lenity. This pardon would cover many exceptions at first made, including James Hunter (who commanded the Regulators at Alamance after Husband's flight), and also the nine men engaged in the "gimpowder plot," by which General Waddell's anmiunition was destroyed. Colonel Moses Alexander, of Mecklenburg, had interested himself in behalf of those last mentioned, who were: James White, junior, James Ashmore, Joshua Hadley, Robert Davis, Benjamin Cochrane, William White, William Wliite, jimior, John White, and Robert Caruthers. Though willing that a general pardon should issue. Governor Martin did not think he had power to gi-ant it, but laid the matter before the home government, with a recommendation for favorable action.* In replj', Lord Hills- borough said that the King authorized the Provincial Assem- bly to pass an act of grace, suspending proceedings till His Majesty's pleasure should be known to the contrary. To what has boon said of James Himter, some additional remarks may be made. In August, 1775, it was rumored •Colonial Records of N. C. Vol. IX. pp. 57. 68-69. 98. 169. 172. 276. OF NOETH CAEOLINA. 173 that he would bring an aimed force against the Provincial Congress at Hillsborongh, but no such movement was at- tempted.* In Febi-uary, 1776, he was one of those whom Governor Martin authorized to enlist Loyalists for the Cross Creek rendezvous. This, in itself, would not stamp Mr. Hunter as a Tory ; for, in the same manifesto were named several prominent Wliigs, either for the purpose of \vinning tliem over to the Eoyal standard or injuring their influence with the Americans by exciting suspicion against them. Hunter's name, however, does appear along with that of Par- son Mieklejolm and others of the same vicinity, in a list of prisoners paroled by the Provincial Congress at Halifax (April, 1776), and ordered to the eastern part of the State, where their influence would not be felt.f 'Wliether Hunter went, however, is doubtful, for, ou September 6, 1776, he took the oath of allegiance to ISTorth Carolina.:]: It had doubtless been agreed by the State authorities that Himter should be allowed to remain neutral; for, in Sep- tember, 1780, when drafted into the army, he refused to sei-ve. Thereupon the Sheriff levied uiwn his property ; and, with six thousand pounds (in the plentiful paper currency of that day) employed a substitute to act in his stead. At the next session of the Assembly, in 1781, Hunter peti- tioned for redress, which was gTanted in a joint resolution ordering "that the Sheriff of Guilford county be and he is hereby directed to refund to James Hunter, of said county, all the effects and moneys levied upon ****** fQj. ^he purpose of hiring a substitute," etc.§ * Life and Correspondence of James Iredell, Vol. I, pp. 261-262. t Colonial Records of N. C, Vol. X, p. 560. t Colonial Records of N. C, Vol. X. p. 826. § State Records of N. C. Vol. XVII, pp. 644. 726, 735. 174 GOVEENOB TRYON Hunter's two old associates, John and Daniel Gillespie, rendered the State faithful service, as did also Thomas Per- son, though the last named Regulator was not among those arrayed at Alamance. Witli these exceptions, nearly all the old Regulators who later engaged in the Revolution were Loyalists. Time and again has the statement been made that the Revo- lutionary patriot. General John Butler, of North Carolina, was a Regulator. This is a mistake, prohahly due to confus- ing his name with that of his brother William. The latter was a Regulator and a very pronounced one. With John, however, the case was different. He was one of the witnesses for the prosecution when the Regulators were indicted at New Bern ;* and, shortly after the battle of Alamance, we find him petitioning for the pardon of his brother, as one who he said was "very sensible of his folly, and who sincerely promised never to be of such a riotous party again. "f Had John been a Regulator, it is probable that he would have realized that his intercession would not favorably influence the Governor. William Butler himself declared : "It is with the utmost abhori-ence that I reflect on the proceedings of the people formerly called Regiilators, being fiilly convinced that the principles which they espoused are erroneous, and there- fore most sincerely promise never to engage in the like again." If we may judge by the wording of their petitions, all the Regulators were penitent enough after the battle. But tlioy should not be too harshly criticised on account of tliis sudilcn change of front ; for, though Satan is authority for the state- • Colonial Records of N. C, Vol. VUI. p. 532. t Colonial Records of N. C, Vol. IX. pp. 99-100. OF NOETH CAROLINA. 175 ment, it is too often true that "all that a man hath will he give for his life." Then, too, the fact that the families of many were reduced to want by their absence, no doubt had a powerful influence in bringing the Regulators to seek pardon. This is sho-mi by many of their petitions, including that of William Butler. About the beginning of the Revolution the Regulators re- ceived all sorts of pardons from all sorts of sources — from the King, the Royal Governor, and the rebel Congresses (both Con- tinental and Provincial). Each of the contending countries was graciously moved to overlook their past misconduct, if they would only prove by their deeds that they were worthy of forgiveness. On the 3d of May, 1775, Lord Dartmouth wrote from the Court of St. James to Governor Martin that the addresses to the King from the North Carolina counties of Guilford, Dobbs, Rowan and Surry, breathed such loyalty and attachment to Great Britain that royal clemency would soon be extended to all of the old Regiilators except Hermon Husband.* The promised pardon was later issued in due form. The petition from Guilford, mentioned in Dart- mouth's letter, was headed by the name of John Field, and the one from Rowan and Surry (these two counties jointly) by Samuel Bryan — both Loyalists in the Revolution, and one (Bryan) sentenced to death for high treason in 1782, though afterwards pardoned and exchanged. On the address from Dobbs county the name of Joseph Taylor, junior, comes first ; but on none of these petitions are the lists of subscribers given. Dartmouth also said in his letter that, if war came, it would be politic for Governor Martin to hold out encouragement to "Colonial Records of N. C, Vol. IX, pp. 1127. 1160, 1161. 1241. 1Y6 GOVEKNOK TEYON tlie Regulators by issuing military commissions to the lead- ing men among them.* Before receiving this communica- tion, Martin had written His Lordship that if the King him- seK pardoned the Regulators it would have a better effect than if he allowed the North Carolina Assembly to do so. If the Assembly issued the pardon, the Governor said, it would diminish the credit which would go to the Crown in conse- quence of this act of mag-nanimity.f But the Whigs of North Carolina were bent on showing the Regulators that the King was not the only pardon-granting institution in exist- ence; so, when the Provincial Congi'ess met at Hillsborough in August, 1775, a committee was appointed to quiet their fears by assuring them that they would be i^rotected if Great Britain shoiild attempt to harm them.:}; Protection promised from such a source against such a power as the forces of King George no doubt seemed ludicrous in the extreme. The Con- tinental CongTess later employed missionaries to ease the "tender consciences" of the Regiilators by absolving them from their allegiance. On the above committee from the Pro- vincial Congress at Hillsborough were sevei-al of Tryon's old officers whom the Regulators had good cause to hate — Maurice Moore, Richard Caswell, and others. One old Regulator, Thomas Person, also served as a member of this committee, but was in a hopeless minority. Had lie then been able to engage the influence of James Hunter (who later came over to the Auiei'iean side), and that of a few other loaders of the revolt fit 1771, tlic movement might liavc met with better suc- cess. As it was, the Regulators pondered a while over their •Colonial Records of N. C. Vol. IX, p. 1241. t Colonial Records of N. C, Vol. IX. p. 1268. t Colonial Records of N. C. Vol. X, p. 1G9. OF NOKTH CAROLINA. 177 embarrassment of riches, in the way of pardons, and then came to the ■worldly-wise conchision that the battle would be won by the strong, so sided with King George and Governor Martin. Later their judg-ment was destined to be rndely shaken. Next to the recently arrived Scottish Highlanders — includ- ing many who had survived the carnage of Culloden — the Regulators were Governor Josiah Martin's main reliance during the Revolution. The very word Regulator became a synonym for Tory. As to the Highlanders, loyalty was a part of their very being ; in fact, their so-called rebellions in Scotland had been nothing more than ultra-loyalty to a race of monarchs whose right to the throne, so far at least as heredity counts, all must admit. When General Donald McDonald began his movements in 1776 for re-establishing royal rule, the Regulators were prompt to co-operate with him. On the other hand, those North Carolina troops who opposed him were commanded by Brigadier-General James Moore, a veteran of the Ala- mance campaig-n, who had fought under Tryon. Moore, how- ever, was not personally present when the Royalists were finally intercepted, as it had been uncertain where the fight would occur. But many of the officers in his command — as Colonels Richard Caswell of Dobbs, Alexander Lillingtou of New Hanover, John Hinton of Wake, and others — had also received their first lessons in war while serving imder Tryon ; and for a second time they conquered the Regulators, in a battle fought on the 27th of February, 1776, at Moore's Creek Bridge. Colonel William Purviance, an ofiicer in the American 178 GOVERNOE TRYON service, reported in Februaiy, 1776, that there were not two hundred old Regulators in the army under McDonald.* But if they were not there then, they came later ; and many, who were on their way to join the Royal standard, turned hack when they heard how the battle had gone. In April, 1776, a committee was appointed by the State to look into the cases of prisoners who had been taken. f In this list, though a large majority are Highlanders, we find many names which look strangely familiar to those who have studied the history of the RegTilators. There are the names of Devinney, Field, York, and others. Devinney, who had formerly been fined and imprisoned for his violence when a Regulator, now had to answer the charge of belonging to a party of Tories by w^hom Captain Dent was shot. William Field was once a member of some sort of court, instituted in 1770-'71 by the Regula- tors, which sentenced George Mabry to exile unless he should pay a disputed debt, and which also enforced said sentence by a threat to whij) Mabry and burn his home if he failed to leave the colony. Now Field had been captured while "Colonel of a Division" in the Royalist forces.:}: He violated his "solemn assurances" to the Whig government that he would remain neutral, though possibly he was one of those too conscientious to violate the oath Tryon forced on the Regulators. With him, as prisoners, were his three brothers: Robert (captain of a company of sixty men), Joseph (a lieutenant), and Jere- miah. One of these, Jeremiah, liad been spokesman of the mob which broke up the court that Judge Henderson was hold- ing at Hillsborough in 1770. As William and Jeremiah were •Colonial Recorda of N. C. Vol. X, pp. 465-468. t Colonial Records of N. C, Vol. X. pp. B98-C03, 841. t Colonial Reconis of N. C. Vol. X. pp. 1018-1019. OF NORTH CAROLINA. 1Y9 with Cornwallis at Yorktown, they seem to have gotten back into the British service after their first capture. Among the "Lamentations of Jeremiah," after the war, was the asser- tion that he had fought twice — once for his country and once for his King — had been beaten both times, and wouhl fight no more.* The Yorks, too, had been prominent Regulators, and one of them, Robinson, is said to have been "clerk" of the mock court which made the famous docket entries at Hills- borough in 1770. Now, he and Seymore York, probably his brother, had been locked up by the Whigs because each was commanding a company of Loyalists. Robinson, when sent a prisoner to Maryland, broke jail in September, 1776, and, in the advertisement for his recapture, he was described as having "red hair, curled on his neck, remarkable large lips, and bad teeth," and as being "a very chattering fellow." Lyman York was another captain in the royal service.f When the Regulators were repairing to McDonald's ren- dezvous at Cross Creek (now Fayetteville), one prophetic in- dividual wrote from JSTew Bern: "An express arrived here yesterday from the back countiy, informing us that the Regii- lators and Tories were making head there, and intended marching to Cross Creek, and from thence to Cape Fear. I am of opinion they will get well flogged before they reach Cape Fear, provided they will fight. "t Aud well flogged they were — so well that when the British invasion of 17S1 was in progress, Cornwallis was much disheartened at the small number of Regiilators which turned out at his call. From His Lordship's o\\ti pen (April 10, 1781) we have the state- " Life of Caldwell, by Caruthers, p. 177. + Sabine's American Loyalists (1864 edition). Vol. II, pp. 463-464. t Colonial Records of N. C. Vol, X, p. 452, 180 GOVERNOR TRYON ment: "Many of the inhabitants rode into camp, shook me by the hand, said they were glad to see us and to hear that we had beat Greene, and then rode home again. I could not get 100 men in all the Eegulators' country to stay with us, even as militia."* Like their compatriot, Jeremiah Field, these people probably knew when they were beaten enough. Before leaving this subject, let us see how the movement, culminating in the battle of Moore's Creek Bridge, was viewed in Great Britain. An old English publication, the Annual Register^ for 1776, in giving an account of this cam- paign, says: "The connection he [Governor Josiah Martin] had formed with a body of desperate people, lately consid- ered rebels to the King's government, now equally enemies to the provincial establishment, whom we have frequently had occasion to take notice of under the name of Regulators, as well as the Highland emigrants, seemed to insure the re- duction of the insurgents, even independent of the exi^eeted force [from Ireland]. That Colony [JSTorth Carolina] was deemed the weakest in America, except Georgia ; and the two parties we have mentioned were numerous, active, daring; and the former were at this time, as well as [were] the latter, zealously attached to the royal cause. The Highlanders were considered as naturally war-like, and the Rcg-ulators, from situation, habits, and manner of living, to be much boldei', hardier, and better marksmen than those who had been bred to other courses, and in more civilized parts of the country." This same account later says: "The provincial parties were so close in the pursuit, and so alert in cutting the country and seizing the passes, that M'Donald at length found himself •Clinton-CornwalUs Controversy (1888 edition). Vol. I. pp. 39B-397. OF NOETH CAKOLINA. 181 imder a necessity of engaging a Colonel Caswell, who, with about a thousand militia and minnte men, had taken posses- sion of a place called Moore's Creek Bridge, where they had thrown iip an intrenchment. The royalists were by all ac- counts much superior in number, having l^een rated from 3,000 to 1,500, which last number M'Donald, after the action, acknowledged them to be. The emigrants began the attack with great fury ; but M'Leod, the second in command, and a few more of the bravest officers and men, being killed at the first onset, they suddenly lost all spirit, fled with the utmost precipitation, and, as the provincials say, deserted their Gen- eral, who was taken prisoner, as were nearly all their leaders, and the rest totally broken and dispersed. This victory was a matter of great exultation to the Carolinians. They had shewn that their province was not so weak as was imagined ; for though their force actually in the engagement was not considerable, they had raised 10,000 men in about ten days. But what was still more flattering, and, perhajM, not of less real importance, they had encountered Europeans (who were supposed to hold them in the most sovereigTi contempt, both as men and as soldiers) in the field, and defeated them with an inferior force. If the zeal of these people could have been kept domiant until the arrival of the force from Ireland, it seems more than probable that the Southern colonies would have considerably felt the impression of such an insurrection. But now their force and spirits were so entirely broken, their leaders being sent to different prisons, and the rest stripped of their arms and watched with all the eyes of distiiist, that no futui'e effort could be reasonably expected of them."* 'Annual Register for 1776. star-pages 156-158. 182 GOVEENOE TEYON Among the number of Highland settlers at Cross Creek was Flora McDonald, the Scottish heroine, who had accom- panied her husband to America. One North Carolina officer who personally participated in the Moore's Creek campaign was Nathaniel Rochester, for whom the city of Rochester, in New York, was aften\'ards named. In an autobiography, Rochester says: "On our ar- rival about daybreak at Devo's Feriy, about 20 miles from Cross Creek, or headquarters, we met about 500 men with General McDonald on their retreat, they having been met and defeated at Moore's Creek Bridge by Colonel Caswell, commander of a regiment of minute men. ***** We took the 500 prisoners. Being, however, in a sparsely settled country, where provisions could not be obtained, I was obliged to discharge all but about fifty, who were appointed officers by McDonald, after swearing those discharged that they would not again take up anns against the United Colonies ; notwithstanding which they did afterwards join Lord Com- wallis when he marched through North Carolina. * * * * They were sent under a guard as prisoners of war to Freder- ick Town, in Maryland, where they remained until exchanged. In disarming the prisoners at Devo's Ferry, the Scotch gave up their dirks with much reluctance, these having, as they said, been handed do\\'n from father to son for many gener- ations."* The brilliant achievement of the patriots at Moore's Creek Bridge was of such importance that more than four years elapsed before the Tories again made an organized stand on the soil of North Carolina ; and then, at Ramsour's Mill, on • See autobiography of Rochester on p. 99 of " Fragments of Revolutionary History." edited by Gaillard Hunt for the District of Columbia Society of Sons of the Revolution. OF NOETH CAEOLINA. 183 the 20tli of June, 1780, they were again hadly beaten. Though we may be sure that the news of Moore's Creek was not many weeks in reaching Old England, it has not even yet, it seems, reached some of the people of New England ; for the Massachusetts statesman, Honorable George F. Hoar, con- temptuously intimated in the United States Senate,* on the 5th of January, 1901, while engaged in a debate, that this was a battle of which he had never heard ! As a matter of fact, the number of men engaged at Moore's Creek Bridge was more than double the entire forces present at both of the world-famous battles of Lexington and Concord, in Senator Hoar's own State; and, imlike the two Massachusetts fights, Moore's Creek was a great victory for the Americans. Wliat has been said in this chapter concerning the part borne by the Regulators in the Revolution is not simply for the purpose of casting reproach upon them. Though too mau}^ of them were animated by j^ersonal hatred of the Whig leaders and fear of Great Britain, some, no doubt, sincerely believed in the righteousness of tlie Royal cause and so deemed themselves justified in pursuing the course they did. Many men remained loyal from conscientious motives. But as it is so often said and reiterated that the Regulators "began the Revolution," truth demands evidence to show which side they espoused in that war. It is proper to add that when Governor Martin ordered a rally of the royal forces just prior to the battle of Moore's Creek Bridge, be included in his commission some members of the American party, among whom were Paul Barringer of Mecklenburg, Philemon Hawkins, senior, and Philemon * Congressional Record, Vol. 34, Part I, p. 589. 184 QOVEENOE TRYON Hawkins, junior, of Bute, and possibly others. Of the three just mentioned, Governor Swain, in one of his published addresses, says : "These gentlemen were sturdy and well-tried Whigs throughout the Revolutionary War. Governor Martin may have been misinformed in relation to them, or may have inserted their names in order to render them objects of sus- picion, and strip them of their influence among the Whigs. ***** Similar injustice may possibly have been done to others."* Many surmises and speculations have been made as to why nearly all of the Regulators became Tories. Some of their defenders say it was becaiise they were too conscientious to violate the oath of allegiance they had been compelled to take after the battle of Alamance. But this belief is difficult to accept. They were not superior in morals to the great pa- triots of the Revolution, many of whom — Washington in- cluded— had held military commissions and civil offices prior to the war and, hence, had sworn allegiance to the King. The real causes of the disaffection of the Regulators were hatred to the Revolutionai-y patriots who had defeated them at Ala- mance and fear of Great Britain. The ablest defense of the Regulators ever written is from the pen of the great North Carolina historian, Honorable William L. Saunders, LL. D.f That writer, in part, says: "The famous Hillsborough Pro- vincial Congress in 1775 made haste on the first day of its session to resolve that the Regulators who broke their oaths ought to be protected from jumishment therefor, and ap- pointed Caswell, Moore, Patillo, and others, a committee to * Hawks, Graham, and Swain Lectures on the Revolutionary History of North Carolina, p. 117, note. t Colonial Records of N. C, Vol. VIII. Prefatory Notes, p. xxxiv. OF NOETH CAROLINA. 185 persuade tlieni that they ought to break them — Caswell, whose bayonets had forced the oaths dowai their throats; Patillo, who, with the other Presbyterian pastors in the province, had addressed a laudatoi-y letter to Tryon and a denunciatory one to their congi-egations about the crime of being a Regulator ; and Moore, who had been on a court that convicted twelve of the Regulators of treason and sentenced them to death !" This quotation from Saunders will form the basis of a true analysis. It was largely to pay old scores that the Regiilators became Tories. Then, too, there was another cause, as given by the earliest Tennessee historian, Judge John Haywood, a native of North Carolina, who says that fear of British authority made them Tories ; and the writings of Judge Haywood certainly do not display any love for Tryon or the civil officers under his administration which might prejudice him against the Regulators. Probably the best summing up of the whole movement was that written in October, 1780, by John Adams, of Massachusetts, while Minister to Holland.* Adams says: "There v.-ere some warm disputes in North Carolina concerning some of the internal regulations of the province ; and a small number of people in the back parts rose in arms, under the name of Regu- lators, against the government Governor Tryon marched at the head of some troops drawn from the militia, gave battle to the Reg-iilators, defeated them, hanged some of their ring- leaders, and published proclamations against many others. These people were all treated as having been in rebellion, and they were left to solicit pardon of the Crown. This established in the minds of those Regulators such a hatred • See Life and Works of John Adams, Vol. VII, p. 234. •186 GOVEKNOE TKYON towards the rest of their fellow citizens, that in 1775, when the war broke out, they would not join with them. The King has since promised them pardon for their fonner treasons upon the condition that they commit fresh ones against their country. ***** In conjimction with a uumher of Scotch Highlanders they rose ; and Governor Caswell marched against them, gave them battle, and defeated them. This year they have risen again, and been again defeated. But these people are so few in number, and there is so much ap- parent malice and revenge, instead of any principle, in their disaffection, that any one who knows anything of the human heart will see that, instead of iinally weakening the cause in North Carolina, it will only serve to give a keenness and an obstinacy to those who support it." Some writers say that those who resisted the Stamp Act and those who rose iip as Regulators were alike, in that both movements were against British opj^ression. Biit exactly wherein the British — either King or Parliament — had any- thing to do with alleged irregiilarities of county officials in the backwoods of North Carolina is difficult to see. The abuses which caused the Regulators to rise were no more attributable to the King or government of Great Britain than to the Shah of Persia or the Holy Roman Empire. On the other hand, the Stamp Act came from the highest legislative authority of Great Britain. Nor did the people of Cape Fear, in 1766, seek to substitute anarchy for the administra- tion of the laws of the colony, even though tliey did tempo- rarily coop up the Governor and bully a few Crown officials. Some also there are who say that the Regulators slain at Alamance were the first martyrs of the Revolution; if this be true, they were veiy different in ju-inciples from those who OF NORTH CAKOLINA. 187 survived the battle, for, as has already been shown, the sur- vivors were among the most bitter enemies of the Eevolu- tionarv movement. In politics, religions, irreligious, and manias the Regu- lators were quite variable. Accordingly as the whim moved them, they praised the reigning monarch as the best of rulers, or drauk: "'Damnation to King George and success to the Pretender." They fomid fault with Judges Moore and Hen- derson because they were "not appointed by the King." To Governor Martin, in 1772, they made "the most solemn protes- tation of their innocence and abhorrence of the design to sub- vert the government." One of their principal written agree- ments began : "Being conscious of our loyalty to King George the Third, on the present throne, and our fii-m attachment to the present establishment and form of government," etc* If they themselves are to be believed, the Regulators had no quarrel in particular Avith Great Britain, yet Tryon was right when he said that, had they succeeded in the battle of Alamance, all law and order in North Carolina would have been at an end. At the time of their uprising all of the religious denomi- nations in the colony held the Kegiilators in the utmost abhor- rence. Yet not a few writers in more recent years have attempted to make it appear that they were a deeply religious set and only sided against America in the Revolution becaiise they were too pious to violate the oaths of allegiance taken prior to the war. Caruthers, in his Life of Caldwell,-]- says that they, for the most part, bad been religiously educated and •Colonial Records of N. C. Vol. Vm. pp. 246, 519; Ibid.. Vol. IX, p. 329: Husband's Book, reprinted in Wheeler's History of N. C, Part II, p. 309. tLife of Caldwell, pp. 115, 148. 188 QOVERNOE TBTON taught to regard the Bible as a revelation from heaven. He also intimates that they were largely Presbyterians. Yet Tryon always spoke with gratitude of the aid afforded him by the Presbyterians, and quite a number of Presbyterian clergymen (including Doctor Caldwell himself) issued a pastoral letter to their flocks in 1768, saying that very few of their faith were engaged in the insurrection, but that to these — "who had been seduced from the peaceable deportment and loyalty of their profession and ancestry" — they would sound a note of warning. These same clergjauen, in an ad- dress to Governor Tryon, on August 23, 1768, gave utterance to extravagant professions of loyalty, which need not be here quoted, and also say: "We humbly hope Your Excellency has found but a very small proportion of the people of our denomination among the present insurgents; and we assui'e you, sir, if any there are, they have departed froni the inva- riable principles of their profession, which some, bred in the wilderness, for want of proper instruction, may be supposed ignorant of."* In endeavoring to prove that the Regulators were mostly Baptists, a great deal has also been written ; yet a noted Bap- tist divine, the Reverend Morgan Edwards, who passed through the scene of the then recent disturbances a little over a year after the battle of Alamance, says that he made it his business to inquire into the matter, and could aver that there were only seven Baptists in the entire movement, and these had every one been expelled from congregations to which they belonged in consequence of a resolve passed by the Baptist Association at Sandy Creek on the second Saturday in Octo- • Colonial Records of N. C, Vol. VH, pp. 813-816. OF NOETII CAEOLINA. 189 bcr, 1769, wliicli said: "If any of our members shall take up arms against the legal authority, or aid and abet them that do so, he shall be excommunicated." Of the Regulators afterwards indicted, says the same authority, only one (Cap- tain Merrill) was a Baptist. Edwards also states- that on oue occasion an armed band of Regulators marched into a meet- ing of Baptists and threatened to disperse it in consequence of the passage of the above resolution.* Again, it has been said that many Quakers sympathized with the insurrectionists; yet Doctor Stephen B. Weeks, in his work on Southern QuaJicrs and Slavery.-f quotes records to show that all Quakers were expelled from their societies who had anything to do with the movement — not only for joining the Regulators, but even for "aiding them," as in the case of one Himiphrej- Williams. The author of the present biogTaphy being of the Anglican "persuasion," and not a great admirer of the Regulators, has until recently rejoiced in the belief that no one ever charged members of the Church of England with being engaged in the outbreak, but this rejoicing is now turned into humiliation and sorrow ; for in the book written by Husband himself:}: is the statement: "We found our body to consist promiscuously of all sects, but the men who we put the most trust in were of the Church of England communion." In connection with that deeply religious character which the Reg-ulators are supposed to have possessed, it is of interest to recall the entries on the docket-book in Hillsborough which * Morgan Edwards, quoted in David Benedict's History of the Baptist Denomination in America (edition of 1813), Vol. U, p. 116. I Southern Quakers and Slavery, pp. 182-183. 1 Reprinted in Wheeler's History of N. C, Part U, p. .315. 190 GOVERNOE TETON they made when holding a mock court after driving out Judge Henderson at the Septemher Term, 1770. One entry by them says: "The Elect pays cost." Another, in the suit of Isaiah Hogan vs. Hermon Husband: ''Hogan pays & be damned." On the case of John Mellund vs. William Court- ney, is the remark : "Damned Kogues." In Michael Wilson vs. David Harris, appears the entry : "All Harrises are Rogues." In a judgment by default, in Sales Brown vs. William Lewis: "The Man is sick. It 'tis damned roguery." In Solomon Turvil vs. James Tun'il, where an execution was levied on two negroes : "Negroes not worth a dam. Cost ex- ceeds the whole." In Ezekiel Brumfield vs. James Ferrel, for slander, is the advice and charitable observation: "Let them agree, for Ferrel has gone Hell-ward." We are not advised of the religious denomination to which the parties belonged who made the above entries. They were probably not those religiously educated Presbyterians who had been taught to regard the Bible as a revelation from heaven, for they adjudged that the "elect" should jjay the costs. And the phraseology employed does not bear any striking similitude to the dialect (so easily recog-nizable) which is used by the Society of Friends: hence it is prob- able that the Quakers did not do it, either. So it must have been the work of some members of the Church of England, or those seven excommunicated Baptists mentioned by Mor- gan Edwards. Upon Tryou's departure from New Bern, James Hasell, President of the Council, qualified as Governor pro iempore (July 1, 1771). On August 11th the new Governor, Colonel Josiah Martin, arrived by sea from New York, after a pas- sage of nineteen days, and was sworn in on the day after his OF NORTH CAEOLIKA. 191 arrival. Trv-on reached New York and had a consultation with Martin just before the latter set out for jS^rth Caro- lina.* Colonel Martin belonged to a very ancient English family, of Nonnan origin, which traced its descent from Martin of Tours, a general in the army of William the Con- queror. Like Tryon, Governor Martin was a soldier by pro- fession. He married his cousin, Elizabeth Martin, a daugh- ter of Josiah Martin, of Long Island, ISTew York. One of the Governor's brothers was later created a baronet. This was Sir Henry Martin, of Lock Inge, in Berkshire. The father of Sir Henry and Governor Martin lived for many years on the West Indian Island of Antigua, and there the Governor was probably born.f Some axithorities state that Governor Martin died in New York. This is a mistake, probably caused by confusing him with his uncle or a rela- tive of the same name. On his way from England to North Carolina, the new Governor was taken sick in New York, and bitterly com- plained in a letter to the Earl of Hillsborough of being unable to proceed to the government with Avhich he had been en- ti-usted, in time to share the dangers of the war there exist- ing.:}: Ultimately, however, he was rather friendly to the Reg-ulators. The historian Williamson ascribes this to jeal- ousy. That ^^Titer says : "Martin sickened at the praises of Tryon. He had little reason to exjDect that his own achieve- ments would ever swell the trump of fame. He could hardly rise to the standard of Tryon, but he might possibly reduce the character of Tryon, in the province, to his o^\'n level. • Colonial Records of N. C, Vol. IX, pp. 3. 9. 15-17. + Betham's Baronetage. Vol. IV, pp. 210-211. t Colonial Records of N. C. Vol. IX, pp. 16-17. 192 GOVERNOB TBYO^f The man who scatters censure is sure to please the ignorant and the disappointed. He takes the beaten road to popu- larity. It may be trodden without the aid of virtue or tal- ents."* If such ungenerous feelings as those suggested by William- son indeed found place in Martin's bosom, it is certain he concealed them under a polite exterior, for never did he men- tion Tryon in his letters save with respect. Nor, in those letters, did he ever attribute to his predecessor aught but credit for the Alamance campaig-n, tliough he severely de- nounced the extortionate county officials, who, he said, stirred up the trouble. One thing seems certain, however, that the ISTorth Carolina Assembly always looked with far more favor upon Tryon than upon Martin. As late as December, 1773, when desiring to have an important measure laid before the King, the Assembly passed a resolution entirely igTioring their own Governor and ordering that a committee "do address His Excellency, Wil- liam Tryon, Esquire, the present Governor of New York, who, happily for this country, for so many years presided over it, and of whose good intentions to its welfare we feel the fullest conviction ; that they forward to him our dutiful ad- dress to His Majesty, and re([uest that he should be pleased to convey the same to our most gracious sovereign, support oiu' earnest solicitations with his interest and influence, and that lie accept of this important trust as a testimony of the great affection this colony bears him, and the entire confidence they repose in him." Governor Martin was cut to the quick by this insult, yet preserved his temper under the provoca- tion with more than ordinary grace. Concerning the Asscm- • WilliamBon's History of N. C, Vol. II, p. 163. OF NOKTH CAROLINA. _ 193 blv and its action, he wrote Lord Hillsborough a letter saying: "I am glad, with all my heart, that their evil dispositions towards me have drawn upon my friend Governor Tryou a compliment and mark of confidence to which his services in this country so greatly entitle him. It is a real mitigation of the pain I have felt from the wound given me, through him, that his merits are illustrated by it ; and it is my sufficient consolation that I have been assured that all but the imme- diate contrivers of it look back with shame and indignation to the unmerited insult in which they blindly concurred."* Strange as it may now seem. North Carolina was a more populous colony than New York in 1771. Indeed, so late as 1790, when the first official census was compiled, North Caro- lina had 393,751 inhabitants, while New York had only 340,120. Nor do these figures include Tennessee as a part of North Carolina. Only two States, Virginia and Pennsylvania, then exceeded North Carolina in population. By the most recent census (1900), North Carolina droj)s down to the fifteenth place, yet ranks ahead of Virginia, and has more than twice the population of any State in New England except Massachusetts ; while Tennessee (North Caro- lina's daughter), which had only 35,791 inhabitants by the census of 1790, contains a greater population, by the census of 1900, than either North Carolina cr Virginia. Not only was North Carolina more populous than New York in 1771, but the Governor's salaiy in the former seems to have been larger, while the Palace at New Bern was the most elegant structure in America. All this being true, it is somewhat strange that Tryon should have preferred the •Colonial Records of N. C, Vol. IX. pp. 787. 800. 194 GOVERNOR TRTON northern colony. If he foresaw, in even a small degree, its future greatness, it speaks well for his sagacity. On July 9, 1771, two days after his arrival in New York, Tryon was sworn in as Governor. His predecessor in that office was a Scottish nobleman of tlie House of Murray, whom one Revolutionary poet, no respecter of persons, has described as — "That silly old fellow, much noted of yore. And known by the name of John, Earl of Dunmore." Lord Dunmore had been Governor of New York for a very brief period (since October 19, 1770), and left that province to become Governor of Virginia, where he remained until the war put an end to Royal authority. He seems to have been transferred from the Governorship of New York to that of Virginia against his will, as he endeavored to persuade Tryon to exchange governments with him, which arrangement had been authorized by the King, if agreeable to both parties. Tryon, however, preferred New York, and was swoni in accordingly.* Next the members of the Coimcil qualified, and a procession was formed which proceeded in state to the Town Hall, where the appointment of the new Governor was formally proclaimed to the multitude. • Documents Relatins: to the Colonial History of the State of New York. Vol. VIII, p. 278. OF NORTH CAROLINA. 195 CHAPTER IX. OBSERVATIONS OX TRYON'S CAREER IN REVOLUTION— MAJOR- GENERAL OF LOYALISTS, AND LIEUTENANT-GENERAL AFTER RETURN TO ENGLAND— TRIBUTE TO HIS CHARAC- TER BY JUDGE JONES, OF NEW YORK— DEATH— OBITUARY IN GENTLEMAN'S MAGAZINE— BURIED IN FAIMILY VAULT AT TWICKENHAM— HIS WILL AND THAT OF HIS WIFE- CONCLUSION. As this narrative is limited to Xorth Carolina, it leaves untold some of the most momentous events of Tryon's life. At first it was the author's purpose to follow him through the years he ruled New York, to tell of the rupture with Great Britain, and to place on record the part he bore as a Major-General in command of American Loyalists, when vainly endeavoring to re-establish Royal rule. But on second consideration it has been deemed preferable simply to devote a few concluding remarks to his administration in the more northern province, and let a detailed account await the pen of some ISTew Yorker, "native and to the manner bom." That writer, if the task be undertaken, should bring to his work a generous appreciation of the circiunstances by which Gov- ernor Tryon was beset. He was an Englishman, not an American, and should not be harshly criticised for refusing to turn against a monarch who had twice confided to him the government of important provinces. In a private letter to the author of this present work, a distinguished North Carolina lawyer writes: "Tryon has been the worst misrepresented man in our history." This is too true ; nor has misrepresentation been confined to North Carolina. In New York as well, his years of toil in the 196 GOVEENOR TKTON upbuilding of that province have been to a large extent lost sight of, while the minutest details of his hostility are cher- ished and exaggerated. Do we ever stop to think that Tryon committed no act during the entire Revolution which did not have its counterpart in the warfare carried on by Americans ? Historians aver that he attempted to kill or capture General Washington, and therefore denounce him as a savage, as if war could exist without such methods. Indeed, Washington himself was none the less a savage ; for, while writing to Richard Henry Lee, on December 26, 1775, concerning the Loyalist Governor of Virginia, Lord Dunmore, he said: "I do not think that forcing His Lordship on shipboard is suf- ficient ; nothing less than depriving him of life or liberty will secure peace to Virginia."* Did Tryon burn and destroy in his Connecticut expeditions ? Yes, but the Americans were no better in dealing with their enemies. In both New York and New England it was nothing unusual for the homes of Loyalists to be burned. Nor can North Carolina or Vir- ginia cast the first stone at Tryon for warfare of this char- acter. In January, 1770, wlien Norfolk, in the latter State, had been partly burned by the British, the Virginia House of Burgesses authorized Colonel Robert Howe, of the North Carolina Continentals (afterwards a Major-General), to burn up the Tory section of the town. This he accordingly did, and afterwards was honored with an official vote of thanks by the Virginia Convention for his services to that province.f Indeed, the history of war, in all times, is more or less a record of devastation and smoking ruins. We read, in the one authority worthy of all credence, how Samson caught • WritinKS of Washington (1837 edition). Vol. HI, p. 216. t Jones's Defence of North Carolina, p. 2-12, vt acq. OF NOETH CAROLINA. 197 three hundred foxes, put fire to their tails, and sent the affrighted incendiaries scampering through the cornfields of the Phillistines. Then, passing over the succeeding ages and coming nearer home, it is not pleasant to scrutinize too closely our "domestic infelicity" of 1861-'65. When Sheridan laid waste the Valley of the Shenandoah, and then boasted that a crow would starve in attempting to fly over it without carry- ing a supply of rations, little praise was accorded him by inhabitants of Virginia. Wlien Sherman made his famous march to the sea, and burned more houses in a -day than Tryon did in a life-time, it is equally true that very few of the poems and songs, commemorative thereof, were the products of Southern bards. When the city of Chambersburg was sent up in smoke by Confederate troops under General Early, it was not considered a very commendable exploit by the people of Pennsylvania. Yet Sheridan, and Sherman, and Early, all find favor with historians of their respective sections. And as to Samson — well, it is neither necessary nor profitable to discuss that gentleman's military record, for foxes are too few ever again to be employed with any degree of success in the warfare of nations. As every well-equipped representative of royalty is sup- posed to be provided with an hereditaiy title, the historical writers of both North Carolina and New York have seen to it that Governor Tryou shall not be lacking in this respect. Sometimes they give him the honor of knighthood, as Sir William Tryon ; others confer upon him a baronetcy, as Sir William Tryon, Baronet ; and occasionally he is even elevated to the peerage, as Lord Tryon ! If King George had con- ferred all these splendid honors upon the Governor during his life-time it would have been very flattering to the latter's 198 GOVERN©B TEYON vanity ; but, unfortunately for Tryon, peerages and other titles emanating from American historians and pamphleteers have never been officially recognized by the House of Lords or His Majesty's College of Arms. Tryon remained nominally Governor of New York uutil March 22, 1780, when James Eobertson qualified as his suc- cessor by appointment from the King. Of course neither Tryon nor Robertson was recognized by the State after its independent government had been established. The name of Governor Tryon appears at the head of the list of names enumerated in the confiscation acts of both North Carolina and New York, and the counties of Tryon in these States were expunged from the map. Shortly after relinquishing the government of New York, he sailed for England, where he finally rose to the rank of Lieutenant-General. Among the Loyalists Tryon had his enemies as well as among the Whigs, yet many of the former were his devoted friends. Judge Thomas Jones, the Loyalist historian of New York, was one of his admirers, and writes of him thus : "He was beloved, esteemed, and almost adored by the people in the colony. Wliile Governor he heard all complaints with the utmost patience. His ears were always open, as well to the poor as to the rich ; he was easy of access ; he refused ad- mittance to no man; he was kind, charitable, liumaiie, and benevolent ; had ever the good of his country at heart ; de- spised, abhorred, and abominated all kind of )ieculation ; he never did a mean act while Governor of the colony ; he was universally looked upon as a brave soldier, an honest man, and a good Christian."* "History of New York, by Judge Thumaft Jones, Vol. I, p. 165. JudKO Jones was an American Loyalist and .-lied in 1792, but his work was not published till 1879. OF NORTH OAEOLINA. 199 The death of Governor Tryon occurred in London, at his house on Upper Grosvenor Street, January 27, 1788. In the Gentleman's Magazine, for February of that year, appeared the following obituary : Died. — At his home in Upper Grosvenor str., sincerely lamented, Lieut.-Geueral Tryon, Colonel of the 29tli regiment of foot, late Governor of the province of New York, and commander in chief of his Majesty's forces there. His remains were deposited in the family vault at Twicken- ham. The importance of his character in the annals of this country pre- cludes the necessity of expatiating on the eminent services that distin- guished his life. Illustrious as a legislator, he suppressed the rising seeds of revolt in North Carolina, during the time of his administration in that province. Calmed to peace under his mild and beneficent sway, the people relinquished every other ambition than that of looking up with filial attachment to their friend and protector, whose jurisprudence breathed much of paternal tenderness, as of legislative authority. Called to the government of New York, a wider field of action opened to this accomplished statesman, whose superior powers of wisdom and philan- thropy were unceasingly exerted for the real welfare of the colonists. His princely munificence extended to the most inconsiderable of the people; and the heart-felt gratitude that pervaded every branch of the community will make the name of Tryon revered across the Atlantic while virtue and sensibility remain. In private life the benevolence of his heart corresponded -nith the endowments of his mind, difl'using hon- our and happiness in an extensive circle, and obtaining permanent ad- vantages for those who, being in early youth elected to his patronage, now live to pour the tear of sorrow over his honour'd tomb. The passage in this obituary, telling how the Regulators were calmed to peace under Tryon's mild and beneficent sway, is calculated to provoke a smile; for it will be remembered that it was not mildness which broke up their revolt, nor was it beneficence. These means failed. Then the military power of North Carolina was employed, and proved more potent. 200 QOVEENOE TBYON For interment tlie remains of Governor Tryon were carried to the burial-ground of the old parish church of St. Mary's in Twickenham, Middlesex, and deposited in an altar-tomb, where rest many other members of his family. On the top of this tomb are three inscriptions, which read : HERE LIETH THE RIGHT HONOURABLE SELINA, COUNTESS DOWAGER FERRERS, WHO DEPARTED THIS LIFE MARCH 20th, 1762, IN THE 80th YEAR OF HER AGE. HERE LIETH THE BODY OF THE HONOURABLE LADY MARY TRYON, WIDOW OF CHARLES TRYON, ESQ-- OF BULWICK IN NORTHAMPTONSHIRE, AND DAUGHTER OF ROBERT, EARL FERRERS. SHE DIED MAY 17th, 1771, AGED 68. ALSO THE BODY OF LIEUT.-GENERAL WILLIAM TRYON, SON OF CHARLES TRYON OF NORTHAMPTON, ESQ' AND OF THE AFOREMENTIONED LADY MARY, LATE GOVERNOR OF THE PROVINCE OF NEW YORK AND COLONEL OF THE 29th REGIMENT OF FOOT, WHO DIED THE 27Tn OF JANUARY, 1788, AGED 58 YEARS. ■=3 © o Til •a Ci n 2 & HI OF NORTH CAROLINA. 201 On a panel, on the south side of the tomb, is an inscription of which the following is a copy : HERE ARE DEPOSITED THE REMAINS OF MRS. MARGARET TRYON, LATE OF GREAT YARMOUTH IN THE COUNTY OF NORFOLK, RELICT OF THE AFOREMENTIONED LIEUTENANT-GENERAL WILLIAM TRYON, WHO DEPARTED THIS LIFE THE I6th DAY OF FEB', 1819, IN THE 86th YEAR OF HER AGE. On the north side is another panel, which contains two in- scriptions, as follows : HERE LIETH THE BODY OF MISS MARGARET TRYON, DAUGHTER OF THE LATE LIEUTENANT-GENERAL TRYON AND MARGARET TRYON, WHO DIED JULY 28th, 1791. AGED 30 YEARS. ALSO OF MISS ANN TRYON, DAUGHTER OF THE LATE CHARLES TRYON, ESQ^ AND OF LADY MARY TRYON OF BULWICK, NORTHAMPTONSHIRE, WHO DIED JULY 10th, 1822, AGED 82 YEARS. 202 GOVEENOE TETON Tlioiigh many other men of note (among them Alexander Pope) are interred near the last resting-place of Governor Tryon, the sepulchre of most interest to Americans is in a vault beneath the chancel of the adjoining church ; for there, . unmarked by any memorial, lie the remains of the old cava- lier, Sir William Berkeley, sometime Governor of Virginia and one of the Lords Proprietors of Carolina. There, too, rests the body of Lord John Berkeley, also one of the Carolina Proprietors and a brother of Sir "William. Of the remains of Governor Berkeley a most remarkable circumstance is re- lated by the Reverend R. S. Cobbett, in his Alemoriah of Twickenham* while referring to the interment in St. Mary's Church of Admiral Byron (grandfather of Lord Byron), who died in 1786. This is to the effect that when the vault was opened the body of Sir William Berkeley was foimd lying on the ground without a coffin, cased in lead exactly fitted to the shape of the body, showing the form of the features, hands, feet, and even nails. The lead appeared to be beaten firmly over the body, which presented the appearance of a figure in armor. Though they were not contemporaries (Berkeley died before Tryon was born), it is a singular coincidence that these two old Governors of adjoining American colonies should, after years of turmoil and strife spent in the New World, be brought together in a quiet church-yard of their native Eng- land— • "Among familiar names to rest, And in the places of their youth." Governor Tryon has no lineal descendants now living, though at least two children were born to him — one before * Memorials of Twickenham, p. 37. OF NORTH CAROLINA. 203 he came to North Carolina, and the other after his arrival in the colony. In an old letter, so stained by age that it is almost illegible, written at Wilmington, North Carolina, by Mrs. John Burg-win, to her sister, Mrs. Hugh Waddell, on the 22d of November, 1768, I find the passage: "You no doubt heard long ago that Mrs. Tryon has a son." This little child is probably the same whose death Governor Tryon an- nounced to the Earl of Hillsborough on the 31st of March, 1760, saying: ''I thank you, my Lord, for yoiir communica- tion of the happy increase in Their Majesty's family by the birth of a princess, an intelligence that afforded me much satisfaction, though I received it while under affliction for the death of my own son." Margaret Tryon, daughter of the Governor, died unmarried at the age of thirty. She was born in the year 1761, before her father was sent to North Caro- lina. She was the young lady who made such a narrow escape from death by fire in New York, on December 29, 1773, when the Governor's hovise, in Fort George, was acci- dentally burned. In this conflagration, it may be added, all of Tryon's private papers, which he had been years in accu- mulating, were destroyed.* The New York Assembly voted him five thousand pounds to indemnify this loss, but much of the proi^erty, particularly the pajjers, could not be replaced at any price. The last will and testament of Governor Tryon is now on file in the Principal Registry of the Probate, Divorce, and Admiralty Division of the High Court of Justice, in Loudon, as is also that of his wife, Mrs. Margaret Tryon. Copies of these documents are now before me. The Governor, in his ' Documents Relating to the Colonial History of the State of New York, Vol. VUI, p. 407 204 GOVEKNOR TEYON will (executed November 21, 1787; probated February 21, 1788) styles himself: "William Tryon, of Upper Grosveuor Street, in the County of Middlesex, Esquire, Lieutenant- General of His Majesty's Forces, and late Governor of the Province of New York, in North America." The will is a trifle too complicated in its terms and conditions to be here set forth. It disposes of an estate amounting to thousands of pounds, largely invested in stock of the Bank of England. Among the legatees are the testator's wife, Mrs. Margaret Tryon (also sole executrix) ; his daughter, Margaret Tryon ; his four sisters, Ann, Mary, and Harriot Tryon, and Mrs. Sophia Bulstrode; his friends. Fountain Elwin, Eobert Palmer, and Edmund Fanning; Mary Stanton, of the town of Northampton, Elizabeth Saunders of the same town, and William Saunders, youngest son of the last named. It was provided that the legacy to Mrs. Saunders should be a life estate, with a reversion to any children thereafter born by her, and "not be subject or liable to the intermeddling, debts, or engagements, of her present husband or any after taken hus- band." It was also provided that all domestic and household servants in the employ of the testator should receive one year's wages over and above the amounts due them for their services. Mrs. Tryon, widow of the Governor, survived her husband many years, also outliving her daiighter, and died on the 10th of February, 1819, in the eighty-sixth year of her age. In 1757, at the time of her marriage to Mr. Tryon, then a Captain in the Foot-Guards, the Gentleman's Magazine alluded to her as : "Miss Wake, of Hanover Street, London." In her will (executed May 30, 1818; probated March 3, 1819) she refers to herself as: "Margaret Tryon, formerly of the Parish of Saint Luke's, Chelsea, in the County of OF NOBTH CAEOLINA. 205 Middlesex, but now of Great Yarmouth, in the County of Norfolk, widow of the late Lieuteuant-General Tryon." Thoiigh the class receiving her legacies included many per- sons, the most niunerous beneficiaries of Mrs. Tryon's will were members of a family named Elwin, possibly her rela- tives, though she does not so state. The will begins by setting forth that, owing to the previous death of her daughter Mar- garet, the sum of fifteen thousand pounds (left by the father of the testator, Mrs. Tryon) has come into her possession as representative of her said daughter. Disposition of her prop- erty is then made as follows: Thomas Horatio Batchelor, of Horstead, in the County of JSTorfolk, seventeen hundred pounds ; Mrs. Mary Ann Ficklin, of the city of !N"orwich (widow of the Reverend Robert Ficklin), fifteen hundred pounds ; Hastings Elwin, late of Sloane Street, Chelsea, three hundred poimds; Fountain Elwin (son of Hastings), one hundred pounds; Harriot Elwin (daughter of Hastings), fifty pounds ; Reverend Robert Elwin, of the city of jSTorwich (son of the late Robert Elwin), one hundred pounds; Phil- ippa Elwin, Caleb Elwin, and Fountain John Elwin (daughter and sons of the late Thomas Elwin), one hundred pounds each; Thomas Henry Elwin (son of the said Foim- tain), three hundred pounds; Rebecca and Philippa Elwin (children of the said Fountain), twenty pounds each; Mrs. Virtue Elwin, of the city of Norwich, widow, one hundred poimds; Major Fountain Elwin, of His Majesty's Forty- fourth Regiment of Foot, one hundred pounds and a silver waiter; Lieutenant Jonathan Wrench, late of His Majesty's Forty-fourth Regiment of Foot, fifty pounds; Mrs. Ann Wrench, of Islington, widow, one hundred povmds per annum during her natural life ; Miss Wrench (daughter of Mrs. Ann 206 GOVEENOB TKYON Wrench), one Inmdred pounds; Mrs. Ann Tieed (widow of Surgeon William Reed), fifty pounds; Mrs. Dorothy Longe, of Coltishall, in the County of Norfolk, widow, one hundred pounds; Captain Robert Longe, of the East Norfolk Militia, one hundred pounds per annum for his natural life ; William Pennington, and his wife, Penelope, of the Hot Wells, Bris- tol, the remainder of a lease, owned by testator, on property in Sloane Street, Chelsea, occupied by Lady Skipwith, and one hundred pounds additional to the said Penelope Penning- ton ; Mrs. Howard (wife of William Howard, of Sloane Street, Chelsea), one hundred pounds; Mrs. Mary Leigh Bennett (daughter of the Reverend John Leigh Bennett), one hundred pounds and a diamond ring; Miss Mary Tryou, of Winchester, spinster, one hundred pounds; Miss Ann Tryon, formerly of Hounslow, spinster, fifty pounds ; Miss Margaret Burton, of Knightsbridge, spinster, twenty-five pounds; Mrs. Mary Barrett, of Great Yarmouth, widow, twenty pounds ; Mrs. Sparrow, wife of a carpenter at Knights- bridge, five guineas. To her servants, William Rix and Ann Newborn, she bequeathed twenty pounds each, and one year's wages in addition to what should be due them at the time of her death, together with mourning ; to Mary Harbord and Sarah Saxton, two other servants, were bequeathed ten poimds each, one year's additional wages, and mourning. Fifty guineas went to the poor of the parish of Saint Luke's, Chel- sea; and Fountain Elwin, of Enfield, was named as resi- duary legatee!. The executors were Fountain Elwin, of Enfield, Major Fountain Elwin, of the Forty-fourth Regi- ment of Foot, and Hastings Elwiu, formerly of Sloane Street, Chelsea. OF NOETH CAROLINA. 207 It is noted at the end of Mrs. Tryon's will that a bequest of twenty guineas to Captain Robert Palmer, of Shrewsbury, had been stricken out. Possibly Captain Palmer had died. It is probable that this was the same Robert Palmer who had been a member of Governor Tryon's Council in North Caro- lina, as the councilor went to England, as heretofore noted. Palmer, it will be remembered, is also mentioned in the Gov- ernor's will. William Pennington, mentioned in Mrs. Try- on's will, was the same who had been Comptroller of Cus- toms at Cape Fear, and had there encountered so much oppo- sition in attempting to execute the duties of his oihce. In the fashionable English resort at Bath, he was master of cere- monies for some time. CONCLUSION. This contribution to the biographical and historical liter- ature of North Carolina is now finished. Many writers there are who could have performed the task more creditably ; but, as no one seems to have been moved to such an eifort, I have thought it well to put forth what I have been able to learn of the life of our sometime friend and final enemy. The enmity of Tryon, however — his career in the Revolution — has no direct bearing on the history of North Carolina ; and I believe that it was against his personal inclination ever to engage in hostilities against any of the American colonies. Even from a stand-point of policy, if we give him credit for no good qualities whatever, it must be conceded that he had nothing to gain and all to lose by a war between the colonies and their mother country. But when the time came that no man could serve both Britain and America, he chose to array himself 208 GOVEENOR TETON in the cause of his own coiintrv, and under the banner of his royal benefactor, with feelings, mayhap, akin to those voiced in after years by a naval hero who offered the toast, with ref- erence to America : "Our country ! In her intercourse with foreign nations, may she always be in the right ; but our country, right or wrong." In the bloody tribunal of war the cause of independence won, and it may be that Great Britain, as well as America, is better for the separation. This mutual benefit was anticipated by Governor Jonathan Trumbull, of Connecticut, as early as the 23d of April, 1778, when, in his military correspondence with General Tryon, he said: "The British nation may, perhaps, find us as affectionate and valuable friends in peace as we now are detennined and fatal enemies, and will derive from that friendship more solid and real advantage than the most sanguine can expect from conquest." NDEX, Acklin, Christopher, wounded at Alamance, 129. Adams, John, quoted, 185. "Alabama'' cruiser, 1G9. Alamance, Battle of. 7-t, 77, 120 et scq., 1.52-153. 100, 166167, 170, 184. 186, 192. Alamance Battle Monument, 139. Alamance Creeks, 138-139; see also Alamans. Allemance, Great Ala- mance and Little Alamance. "Alamans" probable origin of Ala- mance, 138. Alexander, Abraham, 85. Alexander, Moses, in Cherokee boundary expedition, 57; act.s against Regulators, 95-96, 116, 119, 168. 172. Alexander family, 26. "Allemance," 138, 160; see also Alamance. Alva, Duke of. 10. American Historical Association, Publications, quoted, 78, 88, 152, 170. Anderson, Fort, 25. Annual Register, quoted. 106, 180- 181. Anson County (N. C), 90, 92, 119, 168. Antigua, Island of, 191. Ashe, John, leads demonstration against sloop "Diligence," 38, 41; acts agoinst Regulators, 96, 118, 124, 154; Revolutionary pa- triot. 167. Ashe, John Baptista, acts against Regulators, 118: captured and beaten, 124-125; Revolutionary patriot. 167; elected Governor, 167. AiShmore. James, 172. "Atticus" letter, written by Mau- rice Moore, 156-164; see also 69, 100, 138, 155. Avery, Waightstill, Trustee of Lib- erty Hall, 26; captured by Reg- ulators, 114. Bagge, Traucott, 142. Baptists, 28-29. 148; disclaim Reg- ulators, 188-190. Barbadoes, 46. Barrett, Mary, 206. Barringcr. Paul, Revolutionary pa- triot, 183. Bassett, John Spencer, quoted, 78, 88, 152, 170. Batchelor, Thomas Horatio, 205. Bath (England), 207. Bath (N. C), 15, 48. Battle, Kemp P., quoted. 75. Beasley, Fearnauglit, 130. Beasley, , killed at Ala- mance, 130. Beaufort County (N. C), 118, 124, 131. Bedford, William, acts again.st Regulators, 96. Benedict, David, Baptist historian, quoted, 132, 148, 188. Bennet, John Leigh, 206. Bennet, Slary Leigh, 206. Benton, Samuel, acts again.st Reg- ulators, 96. Berger, George Henry, acts against Regulators, 116. Berkeley, Lord John, his grave near Tryon's, 202. Berkeley. Sir William, Governor of Virginia, his grave near Tryon's, 202; remarkable state of his body when exhumed, 202. Berrv, Charles. Chief Justice and Councilor, 46-48. Bertie County (N. C), 83. Bethabara ; see Moravians. Betham's Baronetage, quoted, 50, 191. 210 INDEX. "Black Boys" blow up Waddell's ammunition, 122, 127, 172. Blackledge, Kiehard, acts against Regulators, 118. Bladen County (N. C), 43. Bond, Sweeting, wounded at Ala- mance, 129. Booklet, quoted, 44, Boonesboro (Ky.), 101, Borg, , a Regulator, 142. Boston (Mass.), 49, 154. Boston Gazette, quoted, 132. Botetourt, Lord, Governor of Vir- ginia, 59. Boundary, Cherokee, Tryon's ex- pedition to settle, 55-50, 157. Brevard, Ephraini, Trustee of Lib- erty Hall, 26, Brevard family, 27, Bright, Simon, acts against Regu- lators, 118, Bristol (England), 206, Brown, Sales, 190, Brown, William, a Regulator, 145, Brumfield, Ezckiel, 190, Brunswick (N, C), 15-16, 25, 31, 36, 38, 41, 58, 60, 62-63, Brunswick County (N, C), 43, 74, 83, 118, Bryan, Ncedham, Assembljnnan, 83; act.s against Regulators, 123, 168; sec also 154-155, Brj-an, Samuel, 175, Bryan, William, Ensign, killed at Alamance, 118. 129. Brvan, William, Revolutionary pa- triot, 129, 168. Bryan family, 129. Bryant, Thomas, wounded five times at Alamance, 129-130. Bull, William, Governor of South Carolina, .59, 113, Bullock, William, acts against Regulators, 96, 117-118, Bulstrode, Sophia, 204. Bulwick Park, a seat of the Trvon family in England, 11, 200, " Burgwin, Mrs, .John, 203. Burke, Edmund. 73. Burke, Thomas, 73. Burke, William, acts against Reg- ulators, 118, Burke County (N, C), origin of its name in doubt, 73, Burke's Extinct and Dormant Bar- onetages, quoted, 51, Burke's General Armorv, quoted, 12. Burke's Peerage, quoted, 39, Burke Square in Raleigh, 68, Burlington (N, C), 139. Burr, Aaron, 84, Burrington, George, Governor, 49, 99, Burrington, Jr., George, 49, Burton, Margaret, 205, Bute, Lord, 32. Bute County (N. C), 72, 90, 118, 120, 168, 184. Butler, John, Revolutionary pa- triot, not a Regulator, 174. Butler, William, a Regulator, 92, 97, 104, 115, 148, 170, 172, 174- 175, Byron, Admiral, liis grave near Tryon's, 202, Byron, Lord, 202, Cabarrus County (N, C), 122. Caldwell, David, 87-88 ; Life of, by Caruthers; see Caruthers, Eli W, Calder, Robert, 44, Camden, Earl of, 73, Camden County (N, C), 73. Cameron, Alexander, Indian Agent, 57, Cameron. Paul C, 146. Campbell, Charles, Virginia histo- rian, quoted, 60. Campbell, Farquard, acts against Regulators, 118, Campbell, John, Assemblvman, 83, 107. Campbell, Robert, acts against Regulators, 117, Cape Fear section of North Caro- lina, 13, 15, 31-46, 99, 179, 186, 207, Caressy, Thonuis, wounded at Ala- mance, 129, INDEX. 211 Carteret County (N. C), 117-118, 124. Caruthers, Eli W., biographer and liistorian, quoted, 81-82, 84-87, 132, 135, 149-151, 179, 187. Caruthers, Robert, 172. Castle Dobbs, seat of Governor Dobbs in Ireland, 9; Governor's house in North Carolina named for, 62-63. Castle Tryon, Governor's house in North Carolina, 62-03. Caswell, Richard, Assemblyman, 83; acts against Regulators, 109, 118, 120; Revolutionary pa- triot, 167; commands at Battle of Moore's Creek, 177, 186; see also 176, 184-185. Catawba River, 57. Chambersburg (Pa.), 197. Chapel Hill (N. C), 27, 86. Charleston (S. C), 15, 59, 122, 168. Charlotte (N. C), 26-27, 85. Chatham, William Pitt, Earl of, 73-74. Chelsea (England), 204, 206. Cherokee boundary. Trvon's expe- dition to settle, 55-59, 157. Cheshire, Joseph P.lonnt, quoted, 19. Church of England, 18-19, 22-24, 28-29. 189-190. Clark. Thomas (General), acts against Regulators, 117-118; Revolutionary patriot, 167. Clark, Thomas (private), wounded at Alamance. 129. Clash, Benjamin, wounded at Ala- mance. 129. Clewell, John H.. historian, quoted, 21-22, 127, 134, 141-143. Clinton, Sir Henry, 167-168, 180. Clinton. Richnrd, acts against Regulators. 118, 168. Cobhett, R. S., English historian, quoted, 202. Cobham, Thomas. Surgeon in Try- on's army. 118. Cochrane, Benjamin, 172. Coffer, Lewis, acts against Regu- lators, 96. Cogdell, Richard, acts against Regulators, 118, 168; seizes ar- tillery at New Bern, 69. Collet, John Abraham, acts against Regulators, 96. Colonial Officer and His Times, see Waddell. Coltishall (England), 206. Columbia University, see King's College. Connecticut, 196, 208. Cooper, Samuel, of Boston, attacks Tryon under pseudonym of "Le- onidas," 152, 154. Companv's Shops (N. C), 139. Concord" Battle of, 183. Congressional Record, quoted, 182. Copeland, James, a Regulator, 145. Cornell, Samuel, Councilor, 48-49, 69. Cornwallis, Lord, 179-180. Costin, Henry, woiraded at Ala- mance, 129. Courtney, William, 190. Cowan's Ford, Battle of, 57. Cox, Herman, a Regulator, 145. Craven Countv (N. C), 117-118, 124, 129, 168. Cray, William, acts against Regu- lators, 118, 168. Cromwell, Oliver, 133. Cross Creek (Favetteville, N. C), 36, 179, 182-183. Culloden, Battle of, 177. Cumberland County (N. C), 74, 90, 118. Currency, paper, 85-86. Curtis, Alexander, soldier under Tryon, 129. Dalrymplo, .John, commanding offi- cer of Fort .Johnston, 43-44. T)alr\Tnp!e. Sir .John, 44. nalryraple, John (Lord Stair), 44. Dnrtmouth, Earl of, 175. Dartmouth College, 84. Daves. John, buys part of Palace grounds at New Bern, 70, 212 INDEX. Daves, Jolin Piigh, 70-71. Davidson, George, iu Cherokee boundary expedition, 57. Davidson, William, in Cherokee boundary expedition, 57; killed in Revolution, 57. Davis, George, quoted, 39. Davis, James, his collection of laws, quoted, 72. Davis, Mrs. Jefferson, 103. Davis, Junius, quoted, 100. Davis, Robert, 172. Da\-is, Sam, 136. Defence of North Carolina, by Jones; see Jones, Jo. Sea well. De Graffenried, Baron Christo- pher, 17. Dent, , killed by Tories, 178. DeRosset, Lewis Henry, Council- or, 46-47 ; acts against Regula- tors, 95, 117. DeRosset, Moses John, Mayor of Wilmington, 45-47. Devereux, Robert, Earl of Essex, ancestor of Governor Trvon, 11-12. Devinnev, Samuel, a Regulator, 97, 104, il5, 178. Devo's Ferry, 182. Dewey, George, G(5. Dexter, Franklin Bowditeh, quoted, 79. "Diagawekee" Indian name for Tryon, 58. "Diligence" sloop of war, armed demonstration against by colon- ists, 32, 30-39, 44. Dissenters befriended by Tryon, 18-19. Dobbins, Alexander, acts against Regulators, 94-95, 116, 168; Revolutionary patriot, 95. Dobbs, Arthur, Governor of North Carolina. 9; services in Ireland, 9; Tryon Lieutenant-Governor under, 9; applies for leave of ab- sence from colony. 13; advo- cates Trvfin's plan for postal system, 14 ; dies at Brunswick, 15; succeeded as Governor by Tr\-on, 16; churchman, 19, 22- 23; his house at Brunswick, 02- 63; county named for, 72; Gov- ernor during French and Indian War. 169. Dobbs, Edward Briee, son of Gov- ernor Dobbs and Councilor, 46, 49, 62. Dobbs Castle, seat of Governor Dobbs in Ireland, 9 ; Governor's hou.se in North Carolina named for, 62 63. Dobbs County (N. C), 72, 109, 117-118, 124, 175. Docket entries made at Hillsbor- ough bj' Regulators, 190. Draper, Sir William, visits Tryon at New Bern, 59, 65 ; writes Latin quatrain on Tryon Palace, 65. Dry, William. Councilor and Col- lector of Customs, 42, 46, 48. Duel between Stanlv and Spaight, 47. Dukinfield. Sir Nathaniel, Coun- cilor. 50-51. 69. Dukintield, Natluiniel, 50. Dukinfield, Sir Robert, 50. Dukinfield, William, 50. Dunniore, .John Murray, Earl of, and Governor of Virginia, 166, 194. Duplin County (N. C), 43, 124, 168. Early, Jubnl A., compared with Tryon, 197. Eaton, Thomas, supercedes Wil- liam .Tohnston as Colonel, 120. Edenton (N. C), 15, 18, 36. Edenton .Academy. 18. Education in North Carolina, pro- moted by Tryon, 18, 20. 23, 25- 28. Edwards. Isaac. on Cherokee boundary expedition, 57: nets against Resulators, 91. 00. 118. Edwards. Morgan, quoted, 132, 148, 188-189. INDEX. 213 Elwin, Caleb, 205. Elwin, Fountain, 204-20G. Elwin, Fountain (Major), 205- 206. Elwin, Fountain John, 205. Elwin, Harriot, 205. Elwin, Hastings, 205-206. Elwin, Pliilippa (daughter of Fountain). 205. Elwin, Philippa (daughter of Thomas), 205. Elwin, Rebecca, 205. Elwin, Robert, 205. Elwin, Eev. Robert. 205. Elwin, Thomas, 205. Elwin, Tliomas, Henry, 205. Elwin, Virtue, 205. Emerson, James, a Regulator, 145. Enfield (England), 206. Eno River, 87. Episcopal Church; see Church of England. Essex County (England), 11. Essex, Morant's History of, quoted, 10. Essex. Earl of; see Devereux. Fanning. David, Tory marauder, 84. Fanning, Edmund, 78-84; Trus- tee of Queen's College, 26; on Cherokee boundary expedition, 57 ; acts against Regulators, 95- 96. 118; indicted, 79-81, 97; lampooned by Rednap Howell, 102-10.3; assaulted by Regula- tors, 105; Assemblyman, 111: Tory in Revolution, 116; see also 29, 135, 1.37. 150-151, 20-4. Favetteville (N. C), see Cross Creek. Favetteville Street in Raleigh, 68. Fenner, Robert, acts against Reg- ulators, 118, 168. Ferguson, Ann, 130. Ferguson. , killed at Ala- mance. 130. Ferrel. .Tames. 190, Ferrers, Earl of; see Shirley. Few, Benjamin, 135. Few, James, a Regulator, 87; in- dicted, 115; hanged, 133; his character, 133-136. Few, Sallie, 135. Few, William, a Regulator, 134, 100, 161. Few, William, Revolutionary pa- triot, 135. Few, William (son of James), 135. Few family of Georgia, 135. Ficklin, Mary Ann, 205. Ficklin, Robert, 205, Field, Jeremiah, a Regulator, 104, 115, 170, 177-180. Field, John, 175. Field, Jo.seph, 177. Field, Robert, 178. Field. \\'illiam, a Regulator, 178. Filson Club of Kentucky, 101. Fisher, Fort, 24. Fort Anderson, 25. Fort Fisher, 24. Fort George (N. Y. ), burned, with Tryon's papers, 75, 203. Fort '.Johnston, 37, 43-44. Forsyth County (N. C), 21. Fowle, Daniel G., Governor, 139. Fragments of Revolutionary His- tory, bj' Hunt ; see Hunt, Gail- lard. Franceis, family of, 11. Francus, family of, 11. Franklin, Benjamin, 72. Franklin County (N. C). 72. Freasure, Andrew, wounded at Al- amance. 129. Frederick Town (Md.), 182. French, family of, 11. French, A. D.' Weld, quoted, 11. French and Indian War, 46-47, 169. Friends, Society of; see Quakers. Frohock. Alexander, 85. Frohock, Elizabeth, 85. Frohock, .John, 84-85, Commis- sioner to run Cherokee bound- ary, 56-57 ; lampooned by Red- nap Howell, 102-103; Clerk of Court. 81 : acts against Regula- tors, 96. 214 INDEX. Frohock, Thomas, 85. Frohoek, William, on Cherokee boundarv expedition, 57 ; Dep- uty Sheriff, 85. Fruit, John, a Regulator, 115, 170. Fullerton, William, wounded at Alamance, 129. Gage, Tliomas, Commander of British forces, sends artillery to Tryon, 115. Garnish, Thomas, wounded at Ala- mance, 129. Garvin, John, 135. Garvin, Sallie, 135. Gaston, Alexander, seizes artillery at New Bern, 69. Gaston, William, quoted, 75. Gazette, North Carolina, quoted, 32. "Gelaspie" (Gillespie), 148; see also Gillespie. Gentleman's Magazine, quoted, 83, 199, 204. George, Fort (N. Y.), burned with Tryon's papers, 75, 203. George Street in New Bern, 71. Georgia. 135. Germantown, Battle of, 167. Gilbert, William, wounded at Ala- mance, 129. Gillespie, Alexander, acts against Regulators, 118. Gillespie, Daniel, a Regulator and Revolutionary patriot. 174. Gillespie, John, a Regulator and Revohitionary patriot, 174. Gillespie; see also "Gelaspie." Glasgow, James, 72-73. Glasgow County (N. C). 72-73. Gloucester (England), 55. Gordon, Lord Adam, visits North Carolina, Ifl. Gordon. Duke of, 10. Gniir. .Tflin ^Michael, 21, 142. Granville, Lord, 54. Granville County (N. C), 83, 90, 95-90, 100 101. Granville Tobacco Path, 121. Gray. John, nets against Regula- tors, 88 89, 96. Great Alamance Camp, 122. Groat Alamance Creek, 125, 138- 139. Great Bridge, Battle of, 166-107. Great Yarmouth (England), 201, 205-206. "Great Wolf," Indian name for Tryon, 58, 157. Greene, Nathanael, 73, 180. Gicenc County (N. C), 73. Grifiln, Moses, wounded at Ala- mance, 129. Grosvenor Street in London; see Upper Grosvenor Street. Guilford County (N. C), 170, 173, 175. "Gunpowder Plot" bv Regulators, 122, 127, 172. Hadley, .Tosluia. 172. Halifax, Earl of, 13, 16. Halifax (N. C), 100. Halifax Counfv (N. C). 85, 90, 168. Hall. .James, wounded at Ala- mance, 129. Hamilton, Matthew, a Regulator, 170. Hamilton, Ninian, 115. Hamilton, Ninian Beall. 115, 170. Hamilton. Thomas, a Regulator, 114. Hanover County (Va.), 100. Hanover Street in London, 12, 204. Harbord, Mary, 206. Hargravc, Will Loft in. quoted. 11 7. Harnett. Cornelius, Assemblyman, 83. Ill ; see also 41, 168. Harper, Elizabeth. 130. Harper, , killed at Ala- mance, 130. Harrimrton, Charles, wounded at Alamance, 129. Harris. David. 190. Harris. Robert (Granville Coun- ty), nets against Rcg\ilalnrs. 93, 95-96. Harris, Robert CMccklenburg Coun- ty), acts against Regulators, 93, 96. 119. INDEX. 215 Harris, Tyree, escapes from Regu- lators, 105. Hart, Nathaniel, acts against Reg- ulators, 118. Hart, Thomas, acts against Regu- lators, 89, 92, 90, 118; assaulted M' Regulators, 105. Hartzo, John Philip, a Regulator, 97. Harvard College, 85. Harvey, John, 168. Haspll, James, Councilor, Chief Justice, and Acting Governor, 46-48, 61, 190. Haslin, Thomas, Surgeon in Try- on's army, 118. Ilaw River. 1.38. Hawfields (N. C), 49. Hawk, Dominicus, Surgeon in Try- on's army, 96. . Hawkins, Benjamin, 120. Hawkins, Sr., Philemon, acts against Regulators, 118, 120- 121, 12.3, 125, 168; Revolution- ary patriot. 183. Hawkins, Jr., Philemon, acts against Regulators, 120-121; Revolutionary patriot, 183-184. Hawkins, William, Governor, 121. Hawks, Francis L., quoted. 12, 135. Hawks, John, architect cf Tryon Palace, 12, 64, 72. Haywood, John. Tennessee histo- rian, quoted. 185. Haywood, William, Asserablvman. 111. Henderson, Archibald, 101. Henderson, Leonard, Chief Justice, 101. Henderson, Richard, Judge, 100- 101 ; his court broken up bv Regulators, 104, 106, 109-110"; refuses to re-open court, 109- 110; his property burned by Regulators, 109-110; denounced by Regulators, 114: presides over trial of Regulators for treason, 144; see also 96, 137, 178, 187, 190. Henderson familv, 101. Henley, Peter, Chief .Ju.stice, 48. Heron, Benjamin, Councilor, 46, 48 ; acts against Regulators, 96. Hewes, Joseph, Assemblyman, 111. Highlanders, Scotch, Tories in the Revolution, 177, ct seq. Hillsborough, Earl of, 58, 124, 148, 170-171, 191, 19.3. HilLsborough (N. C), 79, 87, et seq. Hinton, John, acts against Regu- lators, 96, 109, 116, 118, 120- 121, 168; Revolutionary patriot, 168, 177. Hinton, Mary Billiard, quoted, 96. Hiscock, William, wounded at Ala- mance, 129. Historical and Genealogical Reg- ister, North Carolina, quoted, 44, 50. Hoar, George F., 183. Hogan, Isaiah, 190. Holland, 185; see also Nether- lands. Holt, Michael, acts against Regu- lators, 89; assaulted by Regu- lators, 105; his course in the Revolution. 130. Holt, Thomas M., Governor, 139. Hooper, William, 108; assaulted by Regulators, 92, 104, 137. Horstcad (England), 205. Hot Wells (England), 206. Houuslow (England), 200. Houston. William, Stamp-Master, 32; forced to resign. 33-34, 61. Howai-d, Martin, Councilor and Chief Justice, 48-50, 99, 106; refuses to hold court, 109-110; presides over trial of Regula- tors for treason, 144, 151. Howard, William. 206. Howe, Robert, Assemblyman, 83, 111; acts against Regulators, 96. 117: Rovolutionirv patriot, 110; burns Norfolk, 196. Howell, Rednap, a Regulator, lampoons Fanning and Frohock, 102-103; his fate unknown, 103; .see also, 104, 115, 148, 172. 21G INDEX. Howell, Ricliard, Governor of New Jersey, 103. Hunt, Charles, 85. Hunt, Gaillard, quoted, 182. Hunter, C. L., quoted, 98. Hunter, James, a Eegulator, in riot at Hillsborough, 104; in- dicted, 115; his farm devas- tated, 144; applies for pardon, 170; Governor Martin's opinion of, 170-171; his course in the Revolution, 172- 173, 170. Hunter, Theophilus, 121.. Hunter, Jr., Theophilus, 121. Hunter's Lodge, seat of Theophi- lus Hunter, 116, 121, 154. Husband, Hcrmon, a Regulator, in riot at Hillsborough, 104; ar- rested, 02 ; expelled from As- sembly and imprisoned. 107- 109: indicted, 115; flees from Battle of Alamance, 137; his farm devastated, 143; partici- pant in Whiskey Insurrection in Pennsylvania. 138; see also, 133, 148, l'72, 187, 190. Hvdp, Lord, Postmaster-General of 'Great Britain, 14-15. Indians; see Cherokees, Shawnese, Tusearoras. Indian Trading Path at Hillsbor- ough, 145. Iredell, James, 51, 54-55, 69, 72, 105, 107, 173. Ireland, 9. 62, 180-181. Islington (England), 205. Jamaica, Island of, 55. Jarvis, Thomas J., Governor, 68. Jarvis, , a Regulator, 142. Jeffries, Judge, 163. 165. Johnston, Gabriel, Governor, 19, 47-48, 73. Johnston, Samuel, Governor, 73 ; .Assemblyman, 111, 1C8; draws "Riot Act." 112. Johnston, William, removed from command of Bute militia, 120. Johnston, , a Regulator, 162. "Johnston Act," 112, 162, 164; English opinion of, 113; see al.so "Riot Act." Johnston County (N. C.), 73, 83, 90. 109, 117-118, 123-124, 168. Johnston, Fort, 37, 43-44. Jones, Jr., Charles C, quoted, 135. Jones. Jo. Seawell, quoted, 74-75, 106, 196. Jones, Marmaduke, Councilor and Attorney-General, 50-51. Jones, Robert ("Robin"), 29, 51. Jones, Thomas, New York histo- rian, quoted, 197. .Tones. Willie, acts against Regu- lators, 118, 133; Acting Gov- ernor, 167. Jones, , of Furnival's Court, London, 51. Jones' Defence of North Carolina ; see Jones, Jo. Seawell. Kentucky, 101. Kersle.y, Thomas, wounded at Ala- mance, 129. Kilpatrick, Thomas, wounded at Alamance, 129. King. , acts against Reg- ulators, 89. "King's .-American Regiment," 79. King's (Columbia) College, 84. King's Mountain, Battle of, 29. Kingsbury, Theodore Bryant, quoted. 101. Kirk. General, 163. Knightsbridge (England), 206. Knox. , acts against Reg- ulators, 95. Lane, Joel, 101. Lee, Richanl Ilcnry, 196. Leech, .loseiih. acts against Regu- lators, 118. 1,55, 168. Leeds, Pukes of, 98. Lenoir, William, 72. Lenoir County (N. C), 72. "Leonidas" (pseudonym), 1.52-153. LeKoy, Caroline, 49. Lesley, Susan 1., quoted, 49. INDEX. 217 Letters of James Murray, Loyal- ist, quoted, 49. Lexingtou. Battle of, 183. Lewis, Howell, Assemblyman, 83. Lewis, William, 190. Liberty Hal! ; see Queen's College. Lichfield (England), 55. Lillington, Alexander, 41 ; acts against Regulators, 90, 117; Revolutionary patriot, 107, 177. Lincoln, Benjamin, 72, 108. Lincoln County (N. C), 72. Lindsay, Walter, acts against Reg- ulators, 06. Lindsay, William, acts against Regulators, 119. Little Alamance Creek, 138-139. Lloyd, Tliomas, 41. Lloyd, Thomas, acts against Regu- lators, 89, 91, 96. Lohb, Jacob, Captain Royal Navy, spikes guns of Fort .Johnston, 43-45. London (England). 12, 51, 54-.55, 199, 203-204. Long, Daniel Albright, 139. Long Island (N. Y.), 190-191. Longe, Dorothy, 206. Longe, Robert! 206. Lords Proprietors of Carolina, 9, 202. Lossing, B. .J., historian, quoted, 12, 34-35, 65. Luckie, William, acts against Reg- ulators, 119. Lunsdalc, William, wounded at Al- amance, 129. Lutherans, lief riended by Tryon. 20. Lytle, , acts against Reg- ulators, 89, 168. Maliry, George, threatened by Reg- ulators, 178. Macartney, George, Chaplain in Tryon's army, 102, 117. McCulloh, Alexander, Councilor, 40-47. McCulloh, Henry, 53. McCulloh, Henrv Eustace, Coun- cilor, 46-47, 53-55. McDonald, Donald, in command of Tories, 130, 177-182; defeated and captured at Moore's Creek, 177-182. McDonald, Flora, Scottish heroine, in North Carolina, 182. McGuire, Thomas, Admiralty offi- cer, 42. JIcKinlay, James, 70. McLeod, , killed at Moore's Creek, 181. McMund, John, 190. Mackihvean, Francis, acts against Regulators, 118. McRee, Grifiith John, biograjjher, quoted, 50, 54-55, 70, 107, 173. Maddock's Mill (N. C), 87. Magazine of American History, quoted, 135. Malcom, .Jolm, acts against Regu- lators, 118, 123. Manila (P. I.), 66. Mansion House, London, 05. JIarshall, Frederick William, 142. Martin, Alexander, Governor, 73, 167; assaulted by Regulators, 105, 107. Martin, Elizabeth, of Long Island, N. Y., marries her cousin. Gov- ernor Josiah Martin, 191. Martin, Francois Xavier, histo- rian, quoted, 42, 50, 60, 65, 72, 74-75, 123-125, 131. Martin, Sir Henry, 191. Martin, .Tosiah, Tryon's successor as Governor, arrives in North Carolina, 190; his family and ancestry, 191; his opinion of Regulators, 170-172; sentiments towards Tryon, 191-193; snubbed by Assembly, 191-192; raises Loyalists, 177, 180-184; see also, 50, .59, 61, 70, 73, 145, 148. Martin, Josiah, of Long Island, N. Y., uncle and father-in-law of Governor Josiah Martin, 191. Martin family of Long Island, N. Y., 191. Martin's History North Carolina; see Martin. Francois Xavier. 218 INDEX. Martin County (N. C), 73. Miii-vland, 51. 135, 179, 182. Massachusetts, 183, 18.5. Massachusetts Spy, quoted, 152. Matear, Roliert, a Regulator, hanged, 144145. Matson ( Kngland ) , 55. Matthewson. , Surgeon's Mate in Tryon's army, 118. Meade, William, quoted, 60, 102. Mebane, Alexander, acts against Regulators, 80, 108. Mebane, Giles, 138. Mecklenburg County (N. C. ), 20, 28, 53-55, 72, 74." 83, 90, 93-96, 110, 119, 122. 143, 108, 183. Mecklenburg Declaration of Inde- pendence, 27. Mercer (Messer?), Forester, a Regulator, 145, 149. Mercer, George, Lieutenant-Gov- ernor of North Carolina. 00 01. Merrill. Benjamin, a Regulator, hanged, 127, 144-14.5, 147-148, 189; his speech from the gal- lows, 147. Messer ( or Mercer ) , Forester, 145, 149. Micklejohn, George, 172; preaches to Tryon's army, 20, 101-102. Middlesex (England), 200, 204- 205. Miranda, Don Francisco de, 66. Mississippi River, 58. Montgomery, Hugh, acts against Regulators, 96, 108. Monument to Regulators at Ala- mance, 139. Moore, Alfred, 100. Moore, George, 41. Moore, James (New Hanover), acts against Regulators, 90, 117- 118; Revolutionary patriot, 107, m. Moore, James (Wake County), acta against Regulators. 118. Moore, Maurice, 99-100; writes "Attieus" letter, 69, 100. 138, 1.55; copy of letter, 156-164; acts against Regulatoi's, 96; de- nounced by Regulators, 114; libelled by Husband, 107-109; presides over trial of Regulators for treason, 144; inconsistency of, 100, 104; see also 100, 111, 170, 184-185. 187. Moore family, 62, 99. Moore's Creek Bridge, Battle of, 120, 130, 177-182. Morant's History of Essex, quoted, 10. Moravians at Wachovia, Salem and Bethabara entertain Tryon, 20- 22, 141-142; see also 126, 134. Morgan, John, 79. Mountaineers of North Carolina, 29. "Mucins Scevola" (pseudonym), 152-153. Mulgrave, Lord; see Phipps. JIurpliry, Archibald De Bow, quoted, 101. Murray, James, Councilor, 47-49. Murray, John, Earl of Dunmoro and Governor of Virginia, 194. Nash, Abner, Trustee of Queen's College, 26; seizes artillery at New Bern, 69 ; acts against Regulators, 96, 118; Assembly- man. Ill; Governor, 107. Nash, Francis, acts against Regu- lators, 82, 89, 118; escapes from Regulators, 105; killed in Revo- lution, 167. Nash. Francis, historian, quoted, 150-151. Neale, Christopher, acts against Regulators, 117-118. Neel, Thomas, acts against Regu- lators, 119. Nelson, .James," woiuided at Ala- mance, 129. Nelson, William. Acting Governor of Virginia, 115. Nethevlands, Tryon family said to have come from, 10-11; see also Holland. Neville, .Tohn, wounded at Ala- mance, 129. INDEX. 219 New Bern (N. C), 12, 15, 17, 19, 23, 36, 47, 49, GO, 62-72, 75, 83, 92, 106, 109, 115-116, 129, 132, 152, 154-155, 179, 190, 193. New Bern Ac;ideniv, 18. New England, 49, "193, 196. New Hanover County (N. C), 43, 74, 117-118, 124. New Jersey, 98, 103. Newman. Anthony, Surgeon-Gen- eral in Tryon's army, 96. "New Lights" ( religious sect ) , 20. New York, Tryon's administra- tion in, 195, et scq.; see also 10, 15, .59 60, 75, 79, 148, 152, 154, 1.56-157, 190-191, 193-194, 200. New York Gazette, quoted, 106. New Zealand, 55. News and Observer, quoted, 75. Non-conformists, see Dissenters. Norbury Park, a seat of the Tryon family in England, 10. Norfolk County (England), 201, 205-206. Norfolk (Va.), 196. Norm.Tnb}', Marquis of, 40. North American Notes and Que- ries, quoted, 39. North Carolina Gazette, quoted, 107. Northampton (England) , 204. Northampton County (England), 11, 200-201. Northumberland. Earl of, Viee-Ad- mlr.il of American Colonies, 51. Norwich (England). 205. Notes and Queries, North Ameri- can, quoted, 39. Nova Scotia, 83. "Ohiah Equah" (Great Wolf), In- dian n:ime for Tryon, 58. Old Churches and Families in Virginia, quoted, 102. Old North State in 1776, by Ca- ruthers: see Caruthers, Eli W. Onslow County (N. C), 117-118, 124, 168. Orange County (N. C). 74. 77, 79, 86, 88, et ser/., 118. 124, 16S. Orton Plantation, 24-25, 62. Osborne, Adlai. Trustee of Liberty Hall, 26; see also 98. Osborne, Alexander, 98; acts against Regulators, 93-96, 104, 168. Osborne family, 27, 98. Oxford University (England), 83. Palace, Tryon, 12, 60. 02-72, 156, et seq., 193. Palmer, Robert, Councilor, 46, 48; Commissioner to run Cherokee boundary, 56-57 ; acts against Regulators. 96; removes to Eng- land, 204. 207. Palmer, William, acts against Reg- ulators, 118. Parishes of St. Ann (England), 49; St. James, 24-25; St. Luke (England). 204. 206; St. Marga- ret, "74 ; St. Mary (England), 200, 202; St. Philip, 24-25. Parsons, George, a Regulator, 132. Patillo, Hcnry^, 184-185. Patten, John, acts against Regula- tors, 118, 131; "Revolutionary p.atriot. 131, 167-168. Pegram, Daniel, wounded at Ala- mance, 129. Penn, William, 136. Penningion, Penelope, 206. Pennington, William. Collector of Customs. 42-43 ; removes to Eng- land, 204, 206-207. Pennsylvania, 136, 138, 193. Pennsylvania Magazine of History, quoted. 72. Person, Thomas, a Regulator and Revolutionary patriot, 174. Peyton, William, acts against Reg- ulators, 118; wounded at Ala- mance. 129. Phifer. Martin, acts against Regu- lators. 95-96. 168. Philadelphia (Pa.). 64. 130. Phipps, Constantine John (Lord Mulgrave), Captain of sloop "Diligence," 37, 39 40. Phipps, Henry (Lord Mulgrave) ,40. 220 INDEX. Pitt, William, Earl of Chatham, 73. Pitt County (N. C), 73, 118, 168. Plaiitagenet, Royal House of. Gov- ernor Tryon descended from, 12. Polk, Thomas, Trustee of Liberty Hall, 20; Assemblyman, 83"; City Treasurer and Commis- sioner of Charlotte, 83; acts against Regulators, 110, 119, 168. Polk County (N. C), 58, 73. Polk family. 27. Pope. Alexander, his grave n-ar Tryon's, 202. Population of North Carolina compared with that of other colonies, 193. Postal system improved by Tryon, 14-15. "Potter" (Patten), 131. Powers, , Surgeon's Mate in Tryon's army, 118. Presbyterians, 18'-20, 28-29, 188- 190; disclaim Regulators, 20, 188. Prince Edward Island, 83. Pugh, James, a Regulator, 132; hanged. 145; speech from the gallows, 150. Pugh. .lolm. a Regulator, 115. Purviancc, William, Revolutionary patriot, 177. Quakers, 20; disclaim Regulators, 189-190. Queb(>e, 39. Queen's College, Queen's Museum, or Liberty Hall, in Charlotte, 26-28. Quincy, .Tr., .Tosiah, l.')4. Raleigh (N. C), 67-68, 74, 121. Ramsgate ("Ramcat") Road, cut by Tryon. 121. Ramsour's Mill, Rattle of, 182. Ranck, C.eorgo W., quoted. 101. Reod. Ann, 200. Reed Isaac, wounded at .\lamance. 129. Reed, William, 206. Regulators, Insurrection of, 20, 77, et seq. Rhamkatte Road, see Ramsgate. Rhode Island, 49. Richards, , Surgeon in Tryon's army, 119. Richmond. Duke of, 73. "Riot Act," 112-114, 144, 162, 164; see also "Johnston Act." Kix. William, 206. Robertson, James, succeeds Tryon as Governor of New York, 197. Rochester, Natlianiel, Revolution- ary patriot, his autobiography quoted, 182; city of Rochester, N. Y., named for, 182. Ross, Francis, acts against Regu- lators. 119. Rowan County (N. C), 27, 83- 85, 90, 93, 9.5-ni), 119, 129, 143, 105. 108. 175. Rumple, Jitliro, quoted, 84-85. Russell, John, Captain in Royal N.avy, 62. Rutherford, Griffith, .Assemblyman, 83 ; acts against Regulators. 116; Revohitionarv patriot, 72, 167. Rutherford. John, Councilor. 46- 47 ; Commissioner to run Chero- kee boundary. 50-58 ; acts against Regulators, 95-117. R'.itherford County (N. C), 72. Sabine. Lorenzo, quoted, 179. Saint Ann's Parish (Engl.nnd). 49. Saint James' Church at Wilming- ton, 24-25. Saint .Tames. Court of, 23. Saint John's Island. 83. Siint Luke's Parish (England), 201 205. Saint Margaret's Parish in Wake County, 74. .Saint Mary's Church, in Twicken- ham, England, burial place of Governor Tryon. Governor Berke- ley. Lord Berkeley, et ah, 200, 202. INDEX. 221 Saint Philip's Cliurch at Bruns- wick, 24-25. Salem; see Moravians. Salisbury (N. C), 22, 36, 85, 93, 95-96, 98, 106, 115-116, 122. Salisbury Academy, 27. Salter, Robert, acts against Regu- lators, 118, 168. Sampson, James, acts against Reg- ulators, 90. Sampson, John, Councilor, 46, 48; acts against Regulators, 96. Sampson County (N. C), 48. Sandy Creek, 74. Sandy Creek Baptist Association excommunicates Regulators, 188- 189; see also Baptists. Saunders, Elizabeth, 204. Saunders, William L., quoted, 90- 91, 184-185. Sauthier, C. J., 138. Saxapahaw River, 83. Sa.xton, Sarah, 206. Schaw, Robert, acts against Regu- lators, 96, 119. "Scorpion" sloop of war, 02. Scotch Highlanders; see Highland- ers. Selwyn, George Augustus, 53-55. Sehvyn, George Augustus (Bish- op), 55. Sehvyn, John, 55. Selwyn, William, 55. "Separatists" (religious sect), 20. Shawnese Indians.30. Shelburne, Earl of. 58. "Shenandoah" cruiser, 169. Shenandoah Valley, 197. Sheridan, P. H., compared with Tryon, 197. Sherman. W. T., compared with Tryon, 197. Shirley, Lady Jlary, wife of Charles Tryon and mother of Governor, 11, 200. Shirley. Robert, Earl of Ferrers, grandfatlier of Governor Tryon, 11, 200. Shirley, Srlina, Countess Ferrers, grandmother of Governor Tryon, 200. Shrewsbury (England), 207. Sketches of Western North Caro- lina, by Hunter; see Hunter, C. L. Skipwith, Lady, 206. Sloane Street in Chelsea (Eng- land), 205-206. Smith. John, killed at Alamance, 130. Smith, Faithy, 130. Smj-th, J. F. D., quoted, 131. Sneed, Samuel, acta against Regu- lators, 119. Society for the Propagation of the Gospel, 23, 28. "Sons of Liberty," 39. South Atlantic Quarterly, quoted, 96. South Carolina, 59, 88, 99, 115, 122, 167. I Southern Quakers and Slavery, by Weeks; see Weeks, Stephen B. Spaight, George, 47. Spaight, Richard, Councilor. 46-47. Spaight, Sr.. Ri,.-hard Dobbs. 47. Spaight, Jr., Richard Dobbs, 47. Spaight-Stanly duel, 47. Sparrow, Mrs.. 206. Spencer, Mrs. Cornelia Phillips, quoted, 75. Spencer. Samuel, acts again.st Reg- ulators, 92, 96, 119, 168. Sprunt, James, quoted, 24, 62 ; ex- cavates ruins of Tryon's house at Brunswick, 62-63. Stag Park, sold by Burrington to Strudwick, 49. Stair, Lord, 44. Stamp Act, 31-46, 156, 186; Stamp Act Congress, 40; description of stamps. .35. Stanly, John. 47. Stanly-Spaight duel, 47. Stanton, Mary, 204. Stewart, James, a Regulator, 145. Strange, John, wounded at Ala- mance and afterwards drowned, 129. Strudwick. Edmund. 49. Strudwick, Samuel, Councilor, 48- 49; acts against Regulators, 96. 222 INDEX. Stuart, Andrew, threatened by col- onists, 34 ; suspended from of- fice as public printer, 45. Surry County (N. C), 126, 175. Swain, David L., quoted, 75, 184. Swann, Jr., Sanuiel, acts against Regulators, 96. Swift, Joseph Gardner, 98. Tales and Traditions of the Lower Cape Fear, by Sprunt; see Sprunt, James. Tar River, 85. Taylor, Jr., Joseph, 175. "Tea Partv" at Boston, 39. Tennessee,' 101, 13G, 193. Terry, . Chaplain of Wad- dell's Brigade, 119. Thackston, James, acts against Regulators, 89, 168. Thompson, Robert, Regulator, kill- ed at Alamance, 133, 100; his violent character, 165-160. Thompson, William, acts against Regulator.s, 118, 131. Thompson, , acts against Regulators, 80. TifTany, Nina Jloore, quoted, 49. Tomliiison, Thomas, school-master at New Bern, 18, 23. Tortle, Thomas, wounded at Ala- mance, 129. Tour in America, by Smyth; see Smyth, J. F. T>. Transylvania, Colony of, 100-101. Tiont'River (N. C), 71. Trian, 11. Trumb\ill, Jonathan, Governor of Connecticut, 208. Tryan, Hugh, 11. Tryan, Robert, 11. Tryenestone, seat of a family of tryan, 10-11. Tryon. Ann, sister of Governor tryon. 201, 204, 200. Tryon, Charles, father of Governor Tryon. 11, 200. Tryon, Sir George, Admiral, 12. Tryon, Harriot, sister of Governor tryon, 20-1. Tryon, Margaret, wife of Governor Tryon, 12, 21-22, 09, 103, 200, 20 i, 203-207. Tryon, JIargaret, daughter of Gov- eruor Tryon, 201, 203-206. Tr3-on, Lady Mar.y, daughter of Robert Shirley, Earl of Ferrers, and mother of Governor Tryon, 11, 200. Trjon, Mary, sister of Governor tryon, 204-200. Tryon, Peter, 10. Tryon, , sislcr (?) of Governor Tryon, 20. Tryon (N. C), 73. Tryon Castle, Governor's house at Brunswick, 02-63. Tryon County (N. C), 72, 73, 119, i97. Tryon County (N. Y.), 72, 143, 197. Tryon Mountain, 58. 73. Tryon Palace; see Palace. Tryon Street in Charlotte, 28. Tu'rvil, James, 190. Turvil, Solomon, 190. Tusearora Indians, 58. Twickenham, England, burial place of Governor Tryon. Governor Berkeley, Lord Berkeley, ct al., 200, 202. University of North Carolina, 27. University Maafa^ine (North Caro- lina), quoted, 75. 79, 92, 101. Upper Grosvenor Street in Lon- don, 199.204. Utley, Richard, 142, "View of the Polity of the Prov- ince of North Carolina," work on civil government written by Tryon, 52. "Viper" sloop of war, 43. Viririnia, 59, 61, 85, 100-103, 115, 106-167, 193-194, 196, 202. Wachovia ; see Moravians. Wachovia, History of, by Chnvell ; see Clewell, John H. INDEX. 223 Waddell, Alfred Moore, biogra- pher, quoted, 32, 37-40, 44, 47, 169. Waddell, Hugh, leads demonstra- tion against sloop '"Diligence," 37-39 ; commands armed escort on Cherokee boundary expedi- tion, 57 ; promoted to General, 115-119; his force intercepted by Regulators, 122; effects a junc- tion with Tryon, 141; death of, 169; see also 40, 44, 127, 141, 143. Waddell, Mrs. Hugh, 203. Waddell, Hugh (lawyer), 203. Waddell, .James Iredell, 169. Wake, Esther, a mythical charac- ter, 74-76. Wake, Margaret, marries Tryon, 12, 204; see also Tryon, Mrs. Margaret. Wake County, origin of its name, 74-76; see also 109, 116 121, 124, 154, 168. \\ ake Forest Student, quoted, 101. Walker, John, acts against Regu- lators, 118; captured and beat- en, 124-125; aid-de-camp to Washington, 167. "Wallanuah" (novel), quoted, 116. Warren County (N. C), 72. Warren, Joseph, 72. Washington, George, his opinion of Charlotte and Liberty Hall, 27; visits New Bern, 70-72; his sentiments concerning Lord Dun- more, 196; see also 11, 61, 167, 184. Washington, Laurence, 11. Webster. Daniel, 49. Webster, Caroline LeRoy, 49. Weeks. Stephen B., quoted, 189. Weems, Jlason L., 27. Welborn, Tliomas, a Regulator, Wentworth, Charles Watson, Mar- quis of Rockingham, 73. Wentworth (N. C), 73. West Indies. 191. Westminster (England) , 49. Wheeler. John H., historian, quoted, 92, 187, 189. Whiskey Insurrection, 138. White, Jr., James, 172. White. Robert, 172. White, William, 172. White, Jr., William, 172. Whitefield, (Jcorge. preaches in North Carolina, 23-24. Wickham, .Tohn, 84. Wilkes, Jolin, 73. Wilkes County (N. C), 73. Williams, Humphrey, 189. Williams, John, attacked by Regu- lators, 104, 137. Williams, Michael, 190. Williamsburg (Va.), 15, 59. William-son.Hugh, historian, quoted, 19. 77, 110, 122, 131, 133, 191- 192. Wills, John, Chaplain on Chero- kee boundary expedition, 57. Wills of Governor and Mrs. Tryon, 203-207. Wilmington (N. C), 14-16, 23-25, 32, 36, 38, 44-46. 83, 89, 92, 115. Winchester (England), 206. \\'ood, Edward .Jenner, quoted, 79. Woodmason, Charles, missionary, 28-29. Wrench, Ann, 205-206. Wrench, Jonathan, 205. Wrench, , 205. Wright, Gideon, 126. Wyvill, Sir Marmaduke, 51. Wyvill, Marmaduke (of Mary- land), 51. Wyvill, Ursula, 51. Wyvill, William, 51. Wyrill family of Maryland enti- tled to English baronetcj', 51. Yadkin River, 85, 1.55. Yale University, 78-79, 83-84. Yeats, Charles, wounded at Ala- mance. 129. Yarmouth ; see Grecit Yarmouth. York, Lyman, 179. York, Robinson, a Regulator, 104, 115, 178, 180. York, Seymore, 179. Yorktown, 179. (